V. Selvaraj v. General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-06-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR and CMP No. 14528 of 2026 V. Selvaraj No.15, Sivas Avenue Sri Meenakshi Nagar Pallikaranai Chennai-02 ..Appellant(s) Vs General Manager Indian Overseas Bank Central Office No.763, Anna salai Chennai-600002 ..Respondent(s) Writ Appeal filed under Clause 15 of Letters Patent to set aside the orders passed by the Hon'ble Court in W.P.No. 29079 of 2023 dt. 19.02.2025 For Appellant(s):

Mr.S.Thendral for M/s.C.S.Associates For Respondent(s):

Judgment (Judgment of the Court was delivered by S.M.Subramaniam J.) Writ Petitioner is the appellant in the present intra Court Appeal.

2. The writ petition was filed challenging the show cause notice issued by the respondent vide proceedings dated 30.05.2023. Show cause notice was issued for withdrawal of pension on cancellation of community certificate which was done based on the judgment of the High court of Madras dated 19.11.2019. The appellant, instead of submitting a reply to the show cause notice, has chosen to file the writ petition.

3. No writ against the show cause notice is maintainable, unless such notice has been issued by an incompetent authority having no jurisdiction or tainted with the allegation of malafide. Noticee on receipt of the show cause notice is expected to submit his explanation on merits, by defending the case. The High Court, in exercise of the powers of judicial review is not expected to adjudicate the disputed fact which was done by the original authority based on the documents as well as the evidences available on record. The High Court cannot conduct a roving enquiry in respect of such issues relating to the grant of pension or cancellation of pension.

4. In the present case, the show cause notice was issued calling for explanation from the appellant within a period of seven days. Instead of

submitting an explanation, the appellant has chosen to file the writ petition. The Writ Court has considered all the aspects and dismissed the writ petition. Thus, this Court does not find any infirmity in respect of the writ order. However, the petitioner is at liberty to submit his explanation in response to the show cause notice, if he is advised to do so.

5. With these observations, the Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (N.S.,J.) 18-06-2026 Index: Yes/No Speaking/Non-speaking order vsi To The General Manager Indian Overseas Bank Central Office No.763, Anna salai Chennai-600002

S.M.SUBRAMANIAM J.

AND N.SENTHILKUMAR J.

vsi and CMP No. 14528 of 2026 18-06-2026