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2026 Supreme(Online)(Mad) 33490

IN THE HIGH COURT OF JUDICATURE AT MADRAS
MUMMINENI SUDHEER KUMAR, J
T.S.Baby Fathima Gani – Appellant
Versus
The Secretary to Government of Tamilnadu, School Education Department – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.K.Kumaravel
For the Respondents: Mr.N.Satheesh Kumar Additional Government Pleader

Writ against show cause notice not entertainable absent lack of issuing authority.

Headnote:The petitioner challenged a show cause notice issued under Article 226 seeking certiorari to quash it, citing impending retirement and potential delay in terminal benefits. The court found no lack of authority in issuance. Courts entertain challenges to show cause notices only in limited circumstances lacking power or authority, absent here. The writ petition was dismissed, with liberty granted to challenge any adverse final orders.

Table of Content
1. challenges show cause notice on incentive increment. (Para 1)
2. dismisses writ for lack of authority challenge. (Para 2 , 3)

ORDER

This writ petition has been filed challenging the show cause notice issued by the fourth respondent bearing Ref.No.1119/A1/2025 dated 18.08.2025, whereby the petitioner is called upon show cause as to why the incentive increment granted in favour of the petitioner should not be cancelled. In response to the same, the petitioner has admittedly submitted his explanation as early as on 15.09.2025 and no orders have been passed by the respondents so far. However, at this stage, the petitioner has approached this Court by challenging the show cause notice dated 18.08.2025 on the ground that the petitioner is due for retirement on 30.06.2026 and there is likelihood of delay in settlement of his terminal benefits.

2. This Court heard the learned counsel for the petitioner and perused the affidavit filed in support to the writ petition.

3.This Court is of the considered view that it is not a fit case to entertain the writ petition challenging show cause notice. The challenge to the show cause notice can be entertained only under limited circumstances where there is no power or authority for the issuing authority who issued show cause notice. This is not a one such case. This Court is not inclined to entertain the writ petition against the show cause notice. Accordingly, this writ petition is dismissed. However, it is made clear that in case if any adverse orders are passed by the respondents, the petitioner can approach this Court by challenging the same. No costs.

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