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Judgment
(1) Heard Mr. B.P. Sharma and Ms. Payal Jain, Advocates for the petitioner and Mr. R.S. Patel, Advocate for the respondent and perused the record.
(2) In this writ petition filed under Article 226 of the Constitution of India the petitioner is challenging the impugned show cause notice dated 24.03.2023 (Annexure-P/01) issued by the respondent, wherein it has been stated as under:
“Now therefore, in view of the above factual position and totality of the circumstances it is hereby asked that why appropriate action in terms of the above clauses including termination of contract, blacklisting for 03 years, forfeiture of amount value of Rs.2,50,000.00 (Rupees Two Lakh Fifty Thousand Only) towards Security and EMD as applicable, recovery amount Rs.81,99,890.00 (Rupees Eighty One Lakhs Ninety Nine Thousand Eight Hundred Ninety only) for losses, Rs.6,90,000 (Rupees Six Lakhs Ninety Thousand only) as claim of liquidated damages and 18% interest on losses n liquidated damages or an other remedy covered under MTF or Law shall not be initiated against the recruitment agency i.e. M/s MEL Training & Assessments Limited (previously: M/s Attest Testing Services Limited and Maya Entertainment Limited), Aptech House, A-65, Aptech Limited, MIDC, Marol Andheri (East) Mumbai, Maharashtra, Pin- 400093 as per the provisions of MTF/Bid Document/Contract and Law. In the event if satisfactory reply will not receive from the recruitment agency; which should reach this office within 07 (Seven) days of receipt of this notice, failing which action as deemed fit and appropriate would be taken in accordance with Law of Land as mentioned above.”
(3) It appears from the record that earlier also show cause notice dated 12.01.2023 was issued to the petitioner by the respondent, of which the petitioner submitted its reply dated 04.02.2023 and after considering the said reply of the petitioner, the respondent has against issued the impugned second show cause notice dated 24.03.2023 to the petitioner. Further, by communication dated 03.04.2023 the respondent has afforded an opportunity of hearing to the petitioner on 11.04.2023 at 11:00 AM.
(4) In our considered opinion, since the challenge has only been made to the impugned show cause notice (Annexure-P/01) by which the petitioner has been called upon to submit his further reply within 07 days from the date of receipt of the same and no final decision has been taken and, even otherwise, opportunity of personal hearing has also been initiated to be afforded to the petitioner by fixing the matter today (i.e. 11.04.2023 at 11:00 AM), therefore, we do not find any good ground to entertain this writ petition and it deserves to be dismissed.
(5) At this stage, learned counsel for the petitioner states that as the matter is fixed for today (11.04.2023 at 11:00 AM) itself before the respondent, the petitioner cannot approach the respondent for his personal hearing and, therefore, respondent be directed to afford opportunity of personal hearing to the petitioner tomorrow (12.04.2023).
(6) Faced with this, Mr. R.S. Patel, learned counsel appearing for the respondent states that petitioner will be granted opportunity of personal hearing tomorrow (12.04.2023 at 11:00 AM) in connection with the impugned show cause notice and subsequent communication dated 03.04.2023.
(7) The said statement of learned counsel for the respondent is placed on record and, accordingly, the petitioner will be provided opportunity of personal hearing by the respondent on 12.04.2023, as stated above.
(8) With aforesaid observation and direction, the writ petition is dismissed.
(9) Certified copy today.