Penal action

Order which is penal in nature cannot be passed on a ground which is not mentioned in the show cause notice.

Order which is penal in nature cannot be passed on a ground which is not mentioned in the show cause notice.

Petitioner was owner of a restaurant who sought quashing of proceedings initiated against him for selling unsafe food which resulted into death of two children

Validity

Constitutional jurisdiction of High Court was intended primarily to safeguard Fundamental Rights enshrined in the Constitution

Petitioner failed to show infringement of any Fundamental Right that would merit exercise of jurisdiction by High Court

Stifling actions of an authority at a nascent stage of proceedings initiated in the interests of general public, was contrary to the interests of justice

High Court declined to quash the process as adjudication process was merely at initial stage

Constitutional petition was dismissed in circumstances.

No order particularly, a penal action can be taken in vacuum without any proof and such orders are nullity in the eyes of law.