Limited scope of judicial review against show cause notices and the need for administrative authorities to consider objections and provide a fair and reasoned decision.

S.M. SUBRAMANIAM, J.

1. Challenging the Show Cause Notice issued to the writ petitioner, the present Writ Petition is moved before this Court under Article 226 of the Constitution of India.

2. The grievance of the writ petitioner is that, after taking over of the Annamalai University by the Government, by way of an Enactment namely, the Annamalai University Act, 2013, all the employees both teaching and non-teaching staffs were absorbed by the Government.

3. In the process of regulating the administration, various steps are taken by the competent authorities of the University. Inspections are conducted, Audits and other verification of records were done and certain actions, which all are necessitated in order to regulate the administration were taken by the Government. The writ petitioner, who is a non teaching staff, working in the cadre of Liaison/Special officer has been issued with the impugned show cause notice, broadly stating that these officials namely Zonal officer/Liaison officers/Special Officers Grade-I and Grade-II on the rolls of the University remaining as surplus in terms of the workload available and causing a huge financial loss to a tune about Rs. 60 Crores per annum. The continuance of these 785 surplus officers in employment without no work but with full pay almost cripples the financial situation causing huge deficit every year and posing imminent threat to the very existence of the University. It is noticed that the initial appointment as well as the confirmation orders seems to have been issued pursuant to the orders of the Vice-Chancellor without the availability of any sanctioned post and without making any assessment of the prevailing workload and without any recommendation of the Finance Committee and without any resolution of the University Syndicate.

4. It is further stated in the impugned show cause notice that with the intent of striking a balance between the deteriorating financial position of the University and to avoid retrenchment of these surplus officers, who have no work in the University, has been exploring the possibility of accommodating these surplus officers against some other cadre for the time being namely, Assistant Section Officers in the pay scale of Rs. 9300-34800 + GP 4600. The steps are taken in order to maintain the financial stability of the University.

5. In this regard, the respondent has issued the impugned show cause notice in order to provide an opportunity to the writ petitioner and accordingly, the writ petitioner is directed to submit his explanation/objections within a period of fifteen days from the date of receipt of the impugned show cause notice.

6. The writ petitioner had already submitted his explanations/objections to the impugned show cause notice pursuant to the interim order passed by this Court.

7. The learned counsel appearing on behalf of the writ petitioner made a submission, mainly contending that pay protection has already been extended in the Statute itself. This apart, the Government also issued orders in G.O.Ms. No. 402, Higher Education Department dated 13.12.2006 and G.O.Ms. No. 108, Higher Education Department dated 28.04.2017, stating that even in the case of deputation of the staff on account of the non-availability of the sanctioned post, the pay protection must be granted.

8. At the outset, the pay protection, which all are traced out from the Statute cannot be taken away by the Registrar. The Government orders in this regard are also not followed at the time of issuing the impugned show cause notice.

9. The learned counsel further made a submission that the Registrar has no authority to issue the show cause notice. Thus, the impugned show cause notice is to be scrapped. The petitioner is of the opinion that even if there is no availability of sanctioned post in the University, he must be given pay protection, if at all he is deputed to some other Departments in an equivalent cadre or in a lower cadre. Such a pay protection is extended ba