Authority: Supreme Court of India
Order Date: 13 August 2026
Case Overview
- Parties: Appellant Sri K. Sampath Kumar (former officer of Bharat Sanchar Nigam Limited) vs Union of India & others; also petitioners Union of India & Anr. in SLP (C) No. 8035 of 2020.
- Background: Departmental charge‑sheet dated 19 June 2006 alleged sanctioning of 30 fake bills causing loss of Rs 8,27,990 to BSNL; penalty of two‑stage pay scale reduction imposed on 5 Oct 2011.
- Criminal proceedings: Convicted by Special Court on 12 May 2016 under IPC sections 420, 468, 471, 120‑B and PC Act sections 13(2) & 13(1)(d); sentenced to three years rigorous imprisonment; deemed suspension under Rule 10(2) CCA Rules on 29 June 2016; show‑cause notice issued on 22 Aug 2016 under Rule 19(i) for possible dismissal.
- Tribunal and High Court: Applications challenging show‑cause notice and suspension dismissed by Central Administrative Tribunal (Sept 2016, Jan 2017); High Court of Karnataka dismissed show‑cause challenge (5 June 2017) but set aside suspension on 17 Sept 2019.
- Criminal appeal: Pending appeal under Section 374(2) CrPC before High Court, Telangana; appellant superannuated on 31 Aug 2019.
Final Outcome
- The Supreme Court held that examination of the validity of the show‑cause notice is premature while the criminal appeal remains pending.
- It granted Kumar liberty to file a response to the show‑cause notice and to request the disciplinary authority to defer action for up to one year pending the criminal appeal outcome.
- The Court permitted Kumar to approach the Telangana High Court to expedite his criminal appeal by producing a copy of this order.
- Noted that even if the deemed suspension were valid, it ceased to operate after his superannuation, making the SLP academic; consequently, the petition is disposed.
- All pending interlocutory applications, if any, are also disposed.
Topics: Disciplinary Proceedings, Civil Service, Show Cause Notice