Show Cause Notice Not Quashable Unless Issued by Incompetent Authority or Against Rules.

A criminal case was registered by the CBI against the applicant, A.V. Satyanarayan, for misappropriation of government money

Disciplinary proceedings were also initiated, resulting in the withholding of 25% of his monthly pension for five years

Subsequently, the Learned Special Judge, CBI-II, Bhubaneswar, found the applicant guilty in the criminal case, sentencing him to rigorous imprisonment and fines for offences under the IPC and Prevention of Corruption Act

Following this conviction, a show cause notice dated 11.01.2016 was issued to the applicant under Rule 8(1)(b) of the CCS (Pension) Rules, 1972, proposing further penalty

The applicant appealed his conviction to the Hon’ble High Court of Orissa (CRLA No. 37/2016), which stayed the realization of the fine and suspended the execution of the sentence on 27.01.2016, releasing him on bail

The applicant responded to the show cause notice, requesting no final decision until the appeal was resolved and stating he had already been punished departmentally

He subsequently filed the O.A. seeking to quash the show cause notice and other orders.

During the hearing, the applicant's counsel confined their prayer to quashing the show cause notice dated 11.01.2016

1. Whether the show cause notice dated 11.01.2016, issued under Rule 8(1)(b) of CCS (Pension) Rules, 1972, should be quashed given that the High Court had stayed the realization of fine and suspended the sentence in the applicant's criminal appeal

2. Whether an Original Application is maintainable against a mere show cause notice

The court primarily considered Rule 8(1)(b) of the CCS (Pension) Rules, 1972, which pertains to taking action against a pensioner convicted on criminal charges

The court also referred to the principle that a show cause notice typically does not create a cause of action for an Original Application unless it is issued by an incompetent authority or is contrary to rules

Furthermore, the court noted precedents from the Hon’ble Jurisdictional High Court of Orissa and Hon’ble Madhya Pradesh High Court, which indicate that even if the execution of a sentence is suspended, the conviction and its legal disqualifications often remain intact, affecting pensionary rights

The applicant abandoned his challenge to the disciplinary proceedings and the penalty imposed, confining the case to the quashing of the show cause notice dated 11.01.2016

The Tribunal found that the applicant did not argue that the show cause notice was issued by an incompetent authority or was against the rules; instead, it was noted that the notice provided an opportunity for the applicant to present his grievances against the proposed action

The Tribunal highlighted a series of Supreme Court decisions emphasizing judicial restraint in interfering with show cause notices unless there is solid proof of incompetence or violation of rules

The fact that the High Court stayed the fine and suspended the sentence did not nullify the conviction itself, and thus, the legal disqualifications associated with the conviction would remain, as supported by referenced High Court decisions

Therefore, the show cause notice, being merely a proposed action giving opportunity for representation, did not infringe any right to warrant its quashing at that stage

The Tribunal concluded that there were no grounds to interfere with the show cause notice dated 11.01.2016, as it was not issued by an incompetent authority or contrary to rules, and the legal disqualifications from the criminal conviction remained intact despite the stay of sentence