Charge Sheet & Show Cause Notice
Prabhat K Srivastava
(Querist) 03 April 2009
This query is : Resolved
Hi, Please let me know the basic differences between Charge Sheet & Show Cause Notice.reply with explanations will be more helpful for me & everyone.
thanks & regards
sanjeev murthy desai
(Expert) 03 April 2009
Dear Prabhat,
Show couse notice send for requiring explaination or ask reason. But charge sheets filed against who committed the offence the under the provisions of criminal laws. And it is only filed in criminal proceedings.
sanjeev desai
Raj solanki
(Expert) 03 April 2009
charge sheet has been filed by police/prosecution under section 173 Cr.p.c. after completed the investigation against the accused and show cause notice issued when need a explanations.
Prabhat K Srivastava
(Querist) 03 April 2009
Dear Sanjeev & Raj,
Thanks for your valuable suggestions, however i think my query can be resolved with proper reply of a labour law expert. Charge-sheet is also a terminology under labour laws, therefore i asked this question. I know well about section 173 Cr. P. C. etc. My question pertains ambit of labour law. Pls resolve.
regards
Prabhat K Srivastava
(Querist) 03 April 2009
Dear Sanjeev & Raj,
Thanks for your valuable suggestions, however i think my query can be resolved with proper reply of a labour law expert. Charge-sheet is also a terminology under labour laws, therefore i asked this question. I know well about section 173 Cr. P. C. etc. My question pertains ambit of labour law. Pls resolve.
regards
Kiran Kumar
(Expert) 03 April 2009
well Prabhat m not an expert on labour laws side but what i comprehend there is a thin line of difference between the two expressions.
when the an administrative/ departmental inquiry is conducted then the charges are framed on specific terms so that the employee can reply those charges as much explicitly as possible....like in criminal cases the accused is to prove his innocence....onus of proof depends upon the facts and circumstances of the case.
show cause notice is like to inform the employee why an action should not be taken against u? to this query the employee will reply in detail....show cause notice shall preceed the chargesheet.
Kiran Kumar
(Expert) 03 April 2009
well Prabhat m not an expert on labour laws side but what i comprehend there is a thin line of difference between the two expressions.
when the an administrative/ departmental inquiry is conducted then the charges are framed on specific terms so that the employee can reply those charges as much explicitly as possible....like in criminal cases the accused is to prove his innocence....onus of proof depends upon the facts and circumstances of the case.
show cause notice is like to inform the employee why an action should not be taken against u? to this query the employee will reply in detail....show cause notice shall preceed the chargesheet.
Kiran Kumar
(Expert) 03 April 2009
well Prabhat m not an expert on labour laws side but what i comprehend there is a thin line of difference between the two expressions.
when the an administrative/ departmental inquiry is conducted then the charges are framed on specific terms so that the employee can reply those charges as much explicitly as possible....like in criminal cases the accused is to prove his innocence....onus of proof depends upon the facts and circumstances of the case.
show cause notice is like to inform the employee why an action should not be taken against u? to this query the employee will reply in detail....show cause notice shall preceed the chargesheet.
Kiran Kumar
(Expert) 03 April 2009
well Prabhat m not an expert on labour laws side but what i comprehend there is a thin line of difference between the two expressions.
when the an administrative/ departmental inquiry is conducted then the charges are framed on specific terms so that the employee can reply those charges as much explicitly as possible....like in criminal cases the accused is to prove his innocence....onus of proof depends upon the facts and circumstances of the case.
show cause notice is like to inform the employee why an action should not be taken against u? to this query the employee will reply in detail....show cause notice shall preceed the chargesheet.
adv. rajeev ( rajoo )
(Expert) 03 April 2009
The learned members Sanjeev and Raj has given u good opinion. I follow them.
H. S. Thukral
(Expert) 03 April 2009
Dear Kiran
I am to differ a little with you. A show cause notice can also follow after the inquiry is completed and report has been submitted to the management in order to give the deliquent employee an opportunity as to why punishment should not be imposed.
To Mr. Srivastave I would explain in a simple language. Suppose an employee absents himself unauthorisedly and frequently. The management can give him ashowcause stating that he is an habitual and why management should not initiate disciplinatry proceedings against him. On receiving his reply, the management can proceed further by issuing him a charge sheet or can drop further action. But if the charge sheet is given it has to be specific. i.e. charges should be clear specific and intelligible. After completion of inquiry if the report of inquiry officer indicts him, he can be issued a show cause notice as to why punishment should not be imposed.
First show cause is not necessary but a show cause must follow after the inquiry if the management has to impose a punishment.
H. S. Thukral
(Expert) 03 April 2009
I am surprised to read the reply of Mr. Rajeev even when Mr. Srivastava has clarified that his query was in respect to labour and industrial law and after Kiran has clarified the matter.
The number of experts on the portal, who just concur with the opinions of others have gone up and sometimes it creates confusion.
Kiran Kumar
(Expert) 03 April 2009
Thanks Mr. Thukral for updating my knowledge.
Mr. Srivastva ur confusion should be over now.
Hiralal Das
(Expert) 03 April 2009
I agree with my Ld. Friends
K.C.Suresh
(Expert) 04 April 2009
Dear Prabhat
There is subtle differnce. Charge sheet is the Final Report under 173 Cr.P.C in criminal law. In decip[linary proceedings it is Memo of Charge. You querry is quir=et clear that you want to know the destinction between cahrge sheet and show cause.
Show cause means giving some one a cahnce to show the reasons for an act doen by them or alleged to have done by them. For easy under standing in criminal law this show cause business is absent except in 138 NI Act as it is specified. But for complying Natural justice show cause is invariably necessary in service matters.
A. A. JOSE
(Expert) 04 April 2009
I think the query has been well dealt with by all experts and Mr.KC Suresh has in particularly highligted clear distinctions and I thank all of them.
Murali Krishna
(Expert) 04 April 2009
I agree with Kiran Kumar and Harbhajan Thukral. They have explained it in proper perspective.
After the 41st amendment to Constituion, in government organizations, show cause notice is dispensed with. Prior to that, show cause notice is issued before imposing any major punishments like removal, dismissal, reversion once the disciplinary authority decides to impose such punishment. It is giving another opportunity to the delinquent employee.
A charge sheet is a memo containing proposed charges with imputations which are to be enquired.
Simply put, show cause notice contain proposed punishment, whereas a charge sheet is a proposal for enquiry. As Kiran Kumar said, charge sheet precedes show cause notice.
