H.R. Panwar, J. - (1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioner has challenged the show -cause notice dt. 21.04.2009 Annex. 3 issued by the respondent -Indian Oil Corporation Limited to show cause as to why the petitioner 's transport firm be not de -listed from the list of approved contractors of Indian Oil Corporation Limited.
(2.) I have heard learned Counsel for the petitioner. Carefully gone through the notice impugned. Without showing cause against the notice of respondent -Indian Oil Corporation, the petitioner straightaway filed the instant writ petition before this Court assailing the notice.
(3.) IN Executive Engineer, Bihar State Housing Board v. Ramesh Kumar Singh and Ors. : (1996) 1 SCC 327, the Hon 'ble Supreme Court held that without showing cause against the notice, the respondent therein straightaway filed the writ petition in the High Court and assailed the notice and the eviction proceedings. There was no attack against the vires of the statutory provisions governing the matter. No question of infringement of any fundamental right guaranteed by the Constitution was alleged or proved. On that premises, the Hon 'ble Apex Court held that in such case, for entertaining a writ petition under Article 226 against a show -cause notice, at that stage, it should be shown that the authority had no power or jurisdiction to enter upon the enquiry in question. In all other cases, it is only appropriate that the party should avail of the alternate remedy and show cause against the same before the authority concerned and take up the objection regarding jurisdiction also, then in the event of an adverse decision, it will certainly be open to him to assail the same either in appeal or revision, as the case may be, or in appropriate cases, by invoking the jurisdiction under Article 226.;