JUDGMENT :

A. Muhamed Mustaque, J.

The petitioner, (Prof.) Dr. Ciza Thomas while officiating as Senior Joint Director at the Directorate of Technical Education Kerala, was appointed as the Vice Chancellor of the University temporarily by the Chancellor of APJ Abdul Kalam Technological University. This resulted in initiating disciplinary action by the Government of Kerala. A show cause notice was issued as a prelude to disciplinary action on 10/3/2023 pointing out that the petitioner has violated Rule 48 of Government Servants Conduct Rules, 1960.

2. The petitioner questioned show cause notice before the Tribunal. The Tribunal refused to interfere with the matter.

3. The simple point in this case is as to the legality of the show cause notice.

4. The Tribunal or the Court shall not interfere in normal circumstances with the show cause notice or disciplinary action. However, there is an exemption to this normal rule. The show cause notice itself is ex facie arbitrary or issued without authority; or also issued on a misconceived interpretation of law that defines the conduct Rules. The very purpose of disciplinary action is to probe into the allegations levelled against the delinquent empl