Show Cause Notice- Language Dilema

If you have violated any law we are liable to be penalised. Violation of law is said to be an offence. Violation of any economic legislation leads is to be tried as per criminal law. For each violation there is fine or imprisonment or fine and imprisonment. Penalty is imposed for a civil wrong.

For any violation the authority issues firstly a letter stating that a violation has happened. The person who violates will have to reply and explain the position. He will explain why there is no violation or if there is a violation why it has happened.

It the authority who receives the reply is not satisfied with the answer, he issues a show cause notice. The Show Cause Notice states the offence in detail and mentions the provision of law that has been violated and the accused is required to reply within a certain number of days. If he does not reply within a certain number of days he will be prosecuted or action will be taken against him.

For Central Government Organisations the Show Cause Notice is issued in English unless the addressee of the said notice wants the Show Cause Notice in Hindi, it is not translated into Hindi. Central Government Organisations only use English and Hindi as the official language for exchange of notices, letters etc.,.

If the addressee of the Show Cause Notice admits the violation stated in notice, the addressee is punished. Show Cause Notices issued in Hindi is required to be replied in Hindi as stated in the Official Languages Act. So Show Cause Notices are issued in English. In India more than 50 per cent of the population of the country state Hindi to be the language used yet official work is in English.

Mr Amal Das received a Show Cause Notice from a Central Government Organistion. It was in English. He replied to the said notice in English. Not being satisfied with the answer, Mr Das was asked to appear in person before the Authority who issued the notice. The letter asked Mr Das submit an affidavit in support of his claim. Mr Das presented himself before the authority being armed by his affidavit to state that he refuted the claim of the authority that he violated the provisions of law. A Cause List was put up. It was in English. Mr Das found that his hearing was before one Mr Kumar. Mr showed his paper received on line and was asked to sit down. Mr Kumar addressed him in Hindi. Mr Das replied in English. Mr Kumar looked at the computer and asked Mr Das a few questions. It was also in Hindi. The entire proceedings a conversion between Mr Kumar and Mr Das. While Mr Kumar spoke in Hindi, Mr Das spoke in English. Mr Das was not allowed to submit his Affidavit in English. Mr Das was then told that he could go that too in Hindi. The affidavit which Mr Das was to submit to the Authority was immediately sent by Speed Post. The application of Mr Das was rejected. The Order was passed in English and put up on the site.

Question is when there are two official languages, when correspondence is in English even the cause list is in English can the Officer chose Hindi at his will without asking which language the accused would like to converse in ? Hindi cannot be imposed in this manner particularly when correspondence is in English, the other official language. . A form should be introduced which should ask the accused which official language he chose to make in submission in. Central Government Organisations should come out with a circular on this to clarify the position.

Hindi should surely gradually be used increasingly for official purpose, but there should be clarity in the manner of its use.

A little above 50 per cent of the population in India speak in Hindi. While a little above 12 per cent speak in English. But Show Cause Notice is issued in English.

The situation needs examination .