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Punishment passed without considering representation against the show cause notice

Shivendra Pratap Singh

Advocate

31/08/2022

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Question: In my case punishment passed without considering my representation against the show cause notice. I have received a show cause notice for not submitting daily reports to the head office. Therefore, the Divisional Area Manager has issued a show cause notice that why you should not be punished with the censure entry? When I submitted my representation, he overlooked and passed an arbitrary order of punishment. Can I initiate legal proceedings for the quashing of such an order? 

Asked from: Uttar Pradesh

You should file a writ petition in the High Court under Article 226 of the Constitution of India. This punishment order is illegal because it is a non-speaking and unreasoned order. The punishing authority did not consider your representation or reply against the show cause notice. 

The Supreme Court has held in the R. K. Mehrotra vs State of Bihar (2006) SCC (L&S) 769 that the punishment prescribed therein cannot be passed unless the representation made in perusal to the show cause notice, has been taken into consideration before the order is passed. 

Hence, the punishment order which is passed without considering your representation submitted in perusal of the show cause notice is illegal. The punishing authority did not apply his mind and derived the conclusion capriciously. This kind of act of a quasi judicial body is bad in the eyes of law. In G. Valli Kumar vs Andhra Education Society (2010) 2 SCC 497 the Supreme Court has held that 

The requirement of recording reasons by every quasi judicial or even an administrative authority entrusted with the task of passing an order adversely affecting an individual and communication thereof to the affected person is one of the recognized facets of the rules of natural justice and violation thereof has the effect of vitiating the order passed by the concerned authority.

G. Valli Kumar vs Andhra Education Society (2010) 2 SCC 497

In J. Ashoka vs University of Agricultural Society (2017) 1 SCC (L&S) 517 the Supreme Court has opined that “reasons are the links between the materials on which certain conclusions are based and the actual conclusions. They disclose how the mind is applied to the subject matter for a decision whether it is purely administrative or quasi judicial.

The punishing authority had not applied his mind and also had not given the reason for such a punishment. Therefore, the punishment is not supported by any reason, document, evidence or materials. In this situation the High Court may quash the punishment. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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