B.AMIT STHALEKAR, J. - (1.) THIS writ petition has been filed by the petitioner seeking quashing of the show cause notice dated 6.4.2015 issued by the Managing Director, State Bank of Bikaner and Jaipur -respondent no. 2.
(2.) AT the time of admission of the writ petition, this Court while calling upon Shri Rakesh Mishra, learned counsel for the respondents directed that the respondents shall not proceed in pursuance of the show cause notice dated 6.4.2015. On 14.5.2015 the matter was taken up and was argued at length by Shri Ashok Khare, learned senior counsel assisted by Shri Siddharth Khare for the petitioner. Shri Ravi Kant, learned senior counsel assisted by Shri Rakesh Mishra argued the case at length finally on behalf of the respondents.
(3.) AFTER the lengthy submission of Shri Ashok Khare when Shri Ravi Kant commenced his submissions he pointed out to the Court that even before filing of the writ petition the petitioner had filed his reply dated 17.4.2015 to the show cause notice and the same was also delivered in the office of the respondent Bank on 28.4.2015. Copy of the reply to the show cause notice was passed on by Shri Ravi Kant to the Court and the same is now treated as part of the record. Shri Ashok Khare, learned senior counsel when confronted with the petitioner's reply dated 17.4.2015 stated that he was not aware of any such reply having been submitted by the petitioner before the respondent Bank. He stated that even on 30.4.2015 when this Court had granted the interim order to the petitioner he was not aware of this reply dated 17.4.2015. Shri Ashok Khare submits that affidavit to the writ petition was sworn on 26.4.2015 and thereafter the writ petition was filed in the office on 27.4.2015 and the writ petition came up for admission on 30.4.2015 and therefore on the date of the filing of the writ petition the reply had not been submitted by the petitioner in the office of the respondent Bank and therefore it cannot be said that there is material concealment of facts from the Court. However, there was absolutely no explanation to the fact that if the reply dated 17.4.2015 to the show cause notice had already been received in the office of the respondent Bank on 28.4.2015 the petitioner was certainly aware of the date when the case was taken up on 30.4.2015 on which date the Court has also granted an interim order restraining the respondents from proceeding with the show cause notice. Even on 14.5.2015 it was only Shri Ravi Kant, learned senior counsel appearing for the respondents who pointed out to the Court that the petitioner had already submitted his reply dated 17.4.2015 to the show cause notice which was received by the respondents on 28.4.2015 and a copy of the reply was also passed on by Shri Ravi Kant. Shri Ashok Khare submitted that even today i.e. 14.5.2015 he was not aware of any such reply having been submitted by the petitioner before the respondent Bank in reply to the show cause notice dated 6.4.2015.;