Legality of Show Cause Notice Issued- Show cause notice

Question

1. Can a show cause notice be legally issued by an officer of the same rank as the recipient if directed by the disciplinary authority?
2. Is it mandatory for the disciplinary authority to sign the show cause notice themselves?
3. Can the issuance of such a notice be legally challenged if it has been signed by a subordinate of the disciplinary authority?

S_Kumar25 1 Answer 1 views
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Answer ( 1 )

  1. instalegal
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    2025-06-08T16:07:00+05:30
    Reply
    1.  Yes, a show cause notice can be issued by an officer of the same rank if they are authorized by the disciplinary authority to do so. What matters is the authority behind the action, not necessarily the personal rank of the issuing officer. However, the authorization must be clearly traceable and ideally documented.
    2. No, it is not mandatory for the disciplinary authority to sign the notice personally. They may act through a delegate or authorized officer, as long as such delegation is not contrary to service rules or standing orders. The key is that the notice must be issued under the authority of the competent disciplinary officer.

    3. Yes, it can be challenged only if:

      • The subordinate was not authorized to issue the notice, or

      • The action violates rules of natural justice, or

      • There is procedural irregularity affecting the rights of the employee.

      If due process has been followed and the disciplinary authority is shown to be the directing mind, courts usually do not interfere at the preliminary stage.

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