Point of Law : If Government servant voluntarily acts to engage any trade or business, or take any employment of any other nature, that cannot be done without previous sanction from Government.

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 employee in the charge memo and find guilt or non-guilt after inquiry. The Court, while entertaining a challenge against a show cause notice, if can form an opinion on an adjudication of pure question of law that the validity of show cause notice can be decided, nothing prevents the Court from deciding upon the challenge made against the show cause notice. The Tribunal or the Court is the final arbiter on the point of law. If a decision on pure question of law would settle the fate of the show cause notice, the Court can very well entertain the challenge and decide. The Court at this stage should be circumspect from probing into factual foundation in the show cause notice and should desist evaluating the facts for taking a decision.

5. In the light of the law as above, we shall now refer to the relevant portion of the Rule 48 in Government Service Conduct Rules, 1960 which reads thus :

48. Private trade or employment.- (1) No Government servant shall, except with the previous sanction of the Government, engage directly or indirectly in any trade or business or undertake any employment:

Provided that a Government servant may, without such sanction undertake honorary work of a social or charitable nature or occasional work of a literary, artistic or scientific character, subject to the condition that his official duties do not thereby suffer, but he shall not undertake or shall discontinue such work if so directed by the Government.

Explanation I.- Canvassing by a Government servant in support of the business of insurance agency, commission agency etc., owned or managed by his wife or any other member of his family shall be deemed to be a breach of this sub-rule.

Explanation II.- The issue of certificate and commendations by Government servants with regard to a product of cultural, artistic or industrial enterprise likely to be published for the business advancement of any person shall also be deemed to be a breach of the sub-rule:

Provided further that a Government servant may, without such sanction, undertake work connected with examinations (including examinerships) conducted by Universities, Public Service Commission and other examining bodies under the State Government or the Central Government or by the London Chamber of Commerce, and accept the remuneration therefor on condition that such work does not interfere with his normal duties; but he shall not undertake more than three examinerships in a year:

Provided further that the Director of Survey and Land Records and the Assistant Directors of Survey and Land Records of the Survey Department may without such sanction undertake examinerships relating to the survey and Land Records Department notwithoutstanding that the number of examinerships in a year may exceed three, and accept the remuneration therefore