Reply to show cause

really sry but lawyers at this platform should not be taken for a ride. Kindly seek professional legal help.

 

Which school did you study in?

Government school I only need help in proper English in drafting

In such matters legal points are involved.

Visit  Labor Court,  CGIT,CAT,Civil courts,HC at your location and find out the counsel specializing in Labor/service matters and let them draft your reply.

@Dear Mr Ramesh. Pasted below. What ever is in regional language is a citation only

 

 

By Registered Post Acknowledgement Due

Date: 8th March 2016

To

 

Mr. K. Puttanarasappa, Secretary (I/C)

M/s Vijayanagara Club

1-4, 1st Main, 4th Cross, Vijayanagara 2nd Stage,

Hampinagara, Bangalore 560 014

 

Sub: Reply to your Show Cause Notice vide reference V.Club/Admin/2016-17/61

      dated 25/02/2017

 

1. REFERENCES

1. My Complaints dated 04/10/2015 and 26/10/2016, against the behavior of two of your Members
2. Your ಕಛೇರಿ ಆದೇಶ having ವಿಷಯ: ಕ್ಲಬ್ಬಿನ ಪ್ರಧಾನ ವ್ಯವಸ್ಥಾಪಕರು, ವ್ಯವಸ್ಥಾಪಕರು (ಲೆಕ್ಕ ಪತ್ರ), ಹಾಗೂ ಸಹಾಯಕ ವ್ಯವಸ್ಥಾಪಕರು (ಹಣಕಾಸು) ಮತ್ತು ಶ್ರೀಮತಿ ಬಿ. ಹೇಮಲತ, ಆಡಳಿತ ಸಹಾಯಕರು ಇವರುಗಳಿಗೆ ಕರ್ತವ್ಯ ಮತ್ತು ಜವಾಬ್ದಾರಿಗಳನ್ನು ವಹಿಸುವ ಕುರಿತು dated 07/12/2016
3. My resignation letter from the post of the General Manager of M/s Vijayanagara Club dated 03/01/2017
4. My letter of Corrigendum dated 03/01/2017, to the resignation letter cited at (3) above
5. My Letter dated 04/01/2017 issued in continuation of letters cited at (3) and (4) above
6. My reliving letter dated 05/01/2017
7. Your show-cause notice dated 25/02/2017, vide reference V.Club/Admin/2016-17/61 – All the documents mentioned herein supra (From Sl. 1 – 7) are available with you hence not enclosed.

 

1. Preamble

1. That, I was appointed as a General Manager of the M/s Vijayanagara Club (Herein after referred to as Club) having its premises at CA Sites 1-4, 1st Main Road, 4th Cross, Vijayanagara II Stage, Hampinagara, Bangalore 560 104, in the month of January 2015. However, neither powers nor duties were given to me till 07/12/2016.

 

1. That, the following are reproduced from the Bye-laws of the Club
   1. Rule 22, 22(a) Accountability of the Office-bearers and Managing Committee Members “The Office-bearers and Managing Committee Members are jointly and severally responsible for the proper Management of the day to day affairs of the Club, by duly following the laid down procedure, Rules and Regulations enumerated in the Memorandum and Bye-laws of the Club. They shall follow the due procedures in executing the works of the nature of infrastructure and development as approved by the Annual General Body Meeting or Managing Committee, as the case may be, depending upon the cost of project. They shall follow the purchase procedures which shall be transparent in nature.”

 

1. RULE 22-A POWERS AND DUTIES OF THE MANAGING COMMITTEE (7) “To incur expenditure necessary to conduct the business of the Club. Such expenditure shall generally be within the budget provision approved by the General Body. However, in special circumstances, the expenditure may exceed the budget provisions, subject to ratification at the next General Body Meeting”.

 

1. Rule 25(1) POWERS AND DUTIES OF THE SECRETARY “To be in-charge of the day-to-day administration of the Club”

 

1. Rule 25 (7) POWERS AND DUTIES OF THE SECRETARY “To sanction and to incur contingent and other expenditure not exceeding Rs.25,000/- in a month, subject to ratification in the next Managing Committee meeting”

 

1. Rule 25(10) POWERS AND DUTIES OF THE SECRETARY “To represent the Club in all legal proceedings”

 

1. Rule 26 (2) POWERS AND DUTIES OF THE TREASURER “To receive and make payment of bills sanctioned by the Managing Committee / President / Vice-President / Secretary as per powers delegated”.

 

1. That, the issue of the General Manager being not given powers and duties was discussed in the Managing Committee meetings.

 

1. That, on 03/01/2017, I, vide my letter cited at (4) above, had requested that I be relived in view of the ‘un-safe atmosphere’.

 

1. That, despite what was stated herein supra, in the reliving letter cited at (6) above, you had falsely stated “ಶ್ರೀ  ಜಿ.ಆರ್. ಚಂದ್ರಶೇಖರ್ ರವರು, ಕೆಲವು  ಕ್ಲಬ್ ಗೆ ಸಂಬಂಧ ಪಡದಿರುವ ಘಟನೆಗಳನ್ನು ಉಲ್ಲೇಖಿಸಿ ವೈಯಕ್ತಿಕ ಕಾರಣಗಳನ್ನು ನೀಡಿ ತಮ್ಮ ಸ್ವ ಇಚ್ಛೆಯಿಂದ ಸಲ್ಲಿಸಿರುವ ರಾಜಿನಾಮೆಯನ್ನು….”. You also published the reliving letter cited at (6) above on the all the Club notice boards thereby defaming my reputation.

 

1. That, I did not raise any objection to your false statement in my reliving letter as mentioned herein supra, only because I respect the Hon’ble President, you, the Managing Committee and the reputation of the Club.

 

1. That, because I resigned with specific reason of ‘un-safe atmosphere’, you have now made, false, frivolous and baseless allegations against me, acting in what appears to be, in a vindictive manner.

 

1. That, this is not the first time you are acting in a vindictive manner appears to be vindictive. Two of your actions have already been challenged by your own Members before the Hon’ble Courts as vindictive and taken on personal grudge, is still pending disposal.

 

1. That, your show-cause notice dated 25/02/2017, giving me ten days time to reply, appears to have been deliberately posted by you on 01/03/2017, which was received by me on 03/03/2017, in itself is an evidence as it is silent whether these ten days are from the date of notice or from the date of its receipt by me, so that you can make use of, to suit your convenience.

 

1. Reply to your Show Cause Notice cited at (7) above, Charge # 1

 

1. That, your statement “While you were discharging the duties as General Manager of the Club, you were entrusted with the following important responsibilities (1) To maintain accounts and supervise the painting works of the Club by engaging the service of the labourers on a daily wage basis” is hereby expressly and specifically denied as false, frivolous, baseless and that these averments are a product of your fertile imagination.

 

1. That, your charge # 1 “The bill pertaining to the work has been purported to have been spent for the same between 23/11/2016 to 04/01/2017 of which Rs. 74,865 shown as cost of materials and Rs. 1, 50,160 towards payment of wages as is in business for painting. The cost of labour as is in vague will be equivalent to the cost of materials with the margin of plus or minus 10%. In this case margin between material and labour is paid 1:2 which gives a room for suspicion that an amount of Rs. 60,000 is paid as wages in excess of the actual. As General Manager it was your duty to maintain the log book of daily wages actually engaged for labour before making payment.” is hereby expressly and specifically denied as false, frivolous, baseless and that these averments are a product of your fertile imagination.

 

In substantiation, I state the following based on the information and records available at your office.

1. That, I was never asked to engage the services of the labourers and as such the labourers were not engaged by me nor were the payments made by me. The Byelaws mentioned herein supra is very clear as to who sanctions and incurs expenditure for and on behalf of the Club.

 

1. That, there is a prevailing procedure in the Club that responsibilities and even the tasks are always given in writing to the employees or even to the Managing Committee Members.

 

1. That, it was resolved “….ಕ್ಲಬ್ಬಿನ ಸಿಬ್ಬಂದಿಗೆ ಲಿಖಿತ ರೂಪದಲ್ಲಿ ಕರ್ತವ್ಯ ನಿರ್ವಹಣೆಗಳನ್ನು ನೀಡದಿರುವುದು ತಪ್ಪಾಗಿರುತ್ತದೆ….”, thus, confirming that the Club employees cannot be held responsible unless the charter of duties are given in writing.

 

1. That, despite you, now claiming it is an important responsibility, there was no whisper of certifying any sort of bills, maintaining any log book, maintaining accounts etc., in your letter cited at (2) above, which in fact was issued after 23/11/2016.

 

This being the fact, from the date of joining the Club, I only used to acknowledge the bills as received. In some instances I used to write the sections involved for information of accounts department.

 

 

 

1. That, you had stated that “As per prevailing procedure in the Club, Secretary being an Ex-Officio Member of the Sub Committee has to pass the bills for payment against supply of goods and services based on the recommendations of the Chairman of the Sub Committee.”

 

1. That, I quote the following few examples for ‘prevailing procedures’, which, you yourself had stated as mentioned herein supra.

 

1. That, the children’s library renovation work was supervised, measured and certified by the Library Sub Committee

 

1. That, the Marking of the parking area including the number of days labor was supervised, measured and certified by the Chairman – Building Works and Maintenance Sub Committee

 

1. That, during the year 2013-15, renovation of the Card room, construction of toilets, covering the pathway in lawn, painting etc., was supervised, measured and certified by the Chairman – Building Sub Committee

 

1. That, works, worth lakhs and crores have been executed in the past and it is known to everyone that no such log books of daily wages or accounts were ever maintained by a General Manager.

 

1. That, I remember, it was resolved that” ….ದೈನಂದಿನ ಕೆಲಸ ಕಾರ್ಯಗಳು ಮತ್ತು ಆಗುಹೋಗುಗಳಿಗೆ ಆಯಾ ವಿಭಾಗದ ಉಪಸಮಿತಿ ಅಧ್ಯಕ್ಷರುಗಳೇ ನೇರ ಹೊಣೆಗಾರರಾಗುತ್ತಾರೆ. ಆಡಳಿತಕ್ಕೆ ಸಂಬಂಧಿಸಿದ ವಿಷಯಗಳಿಗೆ ಕಾರ್ಯದರ್ಶಿಯವರು ಜವಾಬ್ದಾರರಾಗುತ್ತಾರೆ. ಇದನ್ನು ಕ್ಲಬ್ಬಿನ ಬೈಲಾ ನಿಯಮ 22-ಎ (22) ರಲ್ಲಿ ಸಹ ಉಲ್ಲೇಖಿಸಲಾಗಿದೆ….”

 

That, it is amply clear from what is stated herein supra, that the concerned chairman is directly responsible for execution, supervision and recommendation of a bill or bills for the payment.

 

1. That, the Managing Committee had ratified the expenditure in its meeting held in January 2017 in which you were also present and you had also passed the bills for payment and you had also made the payment.

 

That, you being a qualified civil engineer, it is sad and painful that note that only now you are raising the mathematics involved in the labour calculation, after you, having sanctioning and incurring the expenditure and getting the same ratified by Managing Committee in which you and other most learned Members were present.

 

1. Reply to your Show Cause Notice cited at (7) above, Charge # 2

 

1. That, your statement “While you were discharging the duties as General Manager of the Club, you were entrusted with the following important responsibilities (2) You were entrusted with the responsibility of delivery of confidential information and documents pertaining to Case No. O.S 8113/2016 (of Sri. H. Shanker Shetty Vs Vijayanagara Club) to our advocate Sri. R. Nataraj at Gandhinagar” is hereby expressly and specifically denied as false, frivolous, baseless and that these averments are a product of your fertile imagination.

 

1. That, your charge # 2 “You are aware that one Sri. H.S. Shanker Shetty, Ex-Secretary had filed Civil Suit against the Club, Vide O.S. No. 8113/2016. You were entrusted with the duty to deliver the documents and confidential replies to our Advocate Sri. R. Nataraj, at Gandhinagar office. It is informed by the Advocate that you delivered the documents to the advocate as instructed by the In Charge Secretary. But on the same day you have taken back the files and documents on the pre-text of taking the copies of the documents for our office and returning the same to the advocate, which was never done. The fact is remains that there was no necessity to copy them as we had those copies in the Club. Prima facie it appears that you have taken back the documents from Advocate office to hand over the same to the petitioner of the case in a clandestine manner to help the petitioner. The Club had to face embarrassing situation in the court on 17/02/2017, as the concerned documents and papers were not available with Advocate, when the case was called. This amounts to cheating the Club with criminal intention on your part.” is hereby expressly and specifically denied as false, frivolous, baseless and that these averments are a product of your fertile imagination.

 

In substantiation, I state the following based on the information and records available at your office.

1. That, despite you, now claiming it is an important responsibility, there was no whisper of legal matters, legal duties, court matters etc., in your letter cited at (2) above, which in fact was issued after 28/11/2016.

 

1. That, your advocate will act only as per your instructions, unless there is an authorization letter from you, where in, my signature is duly attested. Also, the advocate is bound to accept the documents and give acknowledgement or to return the documents and obtain acknowledgement.

 

1. That, there is a prevailing procedure in the Club for in and out movement of documents wherein the person giving the document hands over the same to the employee specifically named for the purpose as per your letter cited at (2) above, who then enters the details of such documents, forwards it to the receiving person and obtains his signature before handing over the documents.

 

That, the fact that no such entry was made in the register, indicates that employee specifically named for the said procedure, vide your office order cited at (2) above, may also have some involvement.

 

That, even assuming that the said procedure is unintentionally overlooked or violated by you, while handing over some documents and confidential replies as falsely alleged, the documents are always handed over under acknowledgment as per prevailing procedures. No such acknowledgement was obtained from me as any such documents or confidential replies were not given to me to handover to your advocate.

 

1. That, your vague statement ‘confidential replies’ and documents without specifying proves that you do not even know what you had signed for nor you know the date and time of occurrence.  

 

That, it also proves that the allegations made against me are not only false, frivolous and baseless allegations and also appears to have been made in a vindictive manner.

 

Otherwise, such ‘confidential replies’ and documents would have been sent with a covering letter, detailed index of documents, duly authorizing me with my attested signature to deliver it to the advocate. Also, the advocate is bound to accept the documents and give acknowledgement or to return the documents and obtain acknowledgement.

 

That, for anyone, even to believe your false allegations, your advocate had enough time from the date of hearing of 4th Jan 2017 (after my resignation) and the date of hearing of 17th Feb 2017.

 

That, during this juncture, your advocate could have verified the documents to be produced before the Hon’ble Court on 17th Feb 2017 or you being the representative of the Club in all legal matters could have enquired with him if any documents are required.

 

That, your advocate straightway appeared before the Hon’ble Court on 17th Feb 2017 without any documents and did not realize the same till such time the case was called, in itself is enough to prove that no such documents were given nor taken back. In all possibilities this appears to be clear case of misunderstanding / miscommunication between you and your advocate concerned.

 

That, anyone to even believe your false allegations, it is not necessary for me to make copies and give it to the petitioner. The Hon’ble Court itself will provide

 

That, the matter of you, passing on the information to the said petitioner had even come up in a Managing Committee meeting. Now, correlating this with your charge # 2 against me, prima facie it appears that you may have done the same as both of you are good friends.

 

1. That, in a similar case and incidentally involving the same petitioner, a domestic enquiry was held against the then Deputy General Manger, Mr. R. Rangaswamy, wherein I was the presenting officer. After accepting the resignation and reliving Mr. R. Rangaswamy, he was charged with eight charges including that of misappropriation and with intentionally taking away the original Membership application form of the petitioner, original vouchers and original bills etc., and the Club was not in a position to defend itself.

 

That, the Enquiry Committee based on the documentary evidence, had held Mr. R. Rangaswamy, guilty for the charges of misappropriation and for taking away the original Membership application form of the petitioner, original vouchers and original bills etc., along with six other charges.

 

That, The Managing Committee had resolved that “….ಕ್ಲಬ್ಬಿನ ಸಿಬ್ಬಂದಿಗೆ ಲಿಖಿತ ರೂಪದಲ್ಲಿ ಕರ್ತವ್ಯ ನಿರ್ವಹಣೆಗಳನ್ನು ನೀಡದಿರುವುದು ತಪ್ಪಾಗಿರುತ್ತದೆ. ಇದೂ ಅಲ್ಲದೆ, ಇದು ರಂಗಸ್ವಾಮಿ ವಿರುದ್ಧ ಕರ್ತವ್ಯ ಲೋಪದ ಆರೋಪವಾಗಿರುವುದರಿಂದ ಕಾನೂನು ರೀತಿ ಕ್ರಮ ಜರುಗಿಸಲು ಸಾಧ್ಯವಿಲ್ಲ….”

 

That, In the present scenario, though I did not do anything as you have falsely alleged, prima facie makes it clear that your actions against me are vindictive and that you take different stands to either favor or to falsely implicate the employees based on the personal vengeance you have, rather than their honesty, sincerity and loyalty to the Club than to any individual.

 

Finally, I once again state that, all the allegations in the Show-Cause Notice cited at (7) above, are hereby expressly and specifically denied as false, frivolous, baseless and that the same are product of your fertile imagination and it prima facie appears to be vindictive.

 

That, considering that I have nothing to do with your false, frivolous and baseless allegations made against me, it is my prayer with the Hon’ble President, you, Office Bearers and the Managing Committee to allow me to live in peace with my small family comprising my wife, a small child and aged mother and not to harass or threaten me of actions for the acts, for which I was not responsible in any manner.

 

 

I, Chandrashekar .G.R, herein, do hereby state that the contents stated in this reply are true and correct to the best of my knowledge, belief and information.

 

 

 

 

 

 

@ Ramesh Sir will accept your advise most of it are citations and actual reply is small ignoring family rest are of relevance to show it is vindicive because I resigned with reason of unsafe atmosphere humble request to help me correct the Grammer if u can be of help to me please

@ Ramesh

Sir, you are right it may antagonise them and create more problem as well will redraft and paste it here for your kind consideration

 

@ Ramesh here it is the revised one

 

 

By Registered Post Acknowledgement Due

Date: 8th March 2016

To

 

Mr. K. Puttanarasappa, Secretary (I/C)

M/s Vijayanagara Club

1-4, 1st Main, 4th Cross, Vijayanagara 2nd Stage,

Hampinagara, Bangalore 560 014

 

Sub: Reply to your Show Cause Notice vide reference V.Club/Admin/2016-17/61

      dated 25/02/2017

 

1. REFERENCES

1. Your ಕಛೇರಿ ಆದೇಶ having ವಿಷಯ: ಕ್ಲಬ್ಬಿನ ಪ್ರಧಾನ ವ್ಯವಸ್ಥಾಪಕರು, ವ್ಯವಸ್ಥಾಪಕರು (ಲೆಕ್ಕ ಪತ್ರ), ಹಾಗೂ ಸಹಾಯಕ ವ್ಯವಸ್ಥಾಪಕರು (ಹಣಕಾಸು) ಮತ್ತು ಶ್ರೀಮತಿ ಬಿ. ಹೇಮಲತ, ಆಡಳಿತ ಸಹಾಯಕರು ಇವರುಗಳಿಗೆ ಕರ್ತವ್ಯ ಮತ್ತು ಜವಾಬ್ದಾರಿಗಳನ್ನು ವಹಿಸುವ ಕುರಿತು dated 07/12/2016
2. My resignation letter from the post of the General Manager of M/s Vijayanagara Club dated 03/01/2017
3. My letter of Corrigendum dated 03/01/2017, to the resignation letter cited at (2) above
4. My Letter dated 04/01/2017 issued in continuation of letters cited at (2) and (3) above
5. My reliving letter dated 05/01/2017
6. Your show-cause notice dated 25/02/2017, vide reference V.Club/Admin/2016-17/61 – All the documents mentioned herein supra (From Sl. 1 – 6) are available with you hence not enclosed.

 

1. Reply to your Show Cause Notice cited at (6) above, Charge # 1

 

1. That, your statement “While you were discharging the duties as General Manager of the Club, you were entrusted with the following important responsibilities (1) To maintain accounts and supervise the painting works of the Club by engaging the service of the labourers on a daily wage basis” is hereby expressly and specifically denied as false, frivolous and baseless.

 

1. That, your charge # 1 “The bill pertaining to the work has been purported to have been spent for the same between 23/11/2016 to 04/01/2017 of which Rs. 74,865 shown as cost of materials and Rs. 1, 50,160 towards payment of wages as is in business for painting. The cost of labour as is in vague will be equivalent to the cost of materials with the margin of plus or minus 10%. In this case margin between material and labour is paid 1:2 which gives a room for suspicion that an amount of Rs. 60,000 is paid as wages in excess of the actual. As General Manager it was your duty to maintain the log book of daily wages actually engaged for labour before making payment.” is hereby expressly and specifically denied as false, frivolous and baseless.

 

1. Both, your statement cited at II (1) and your charge # 1 cited at II (2) above, are hereby expressly and specifically denied as false, frivolous and baseless, in view of the following facts.

 

1. That, despite me joining the Club as a General Manager in January 2015, neither powers nor were duties given to me till 07/12/2016.

 

1. That, despite you, now claiming it was an important responsibility there was no whisper of execution of works, certifying bills, maintaining log book, maintaining accounts etc., in your letter cited at (1) above, which in fact was issued after 23/11/2016 and that there is a prevailing procedure in the Club to give the tasks and responsibilities in writing.

 

This being the fact, from the date of joining the Club, I only used to acknowledge the bills as received. In some instances I used to write the sections involved for information of accounts department.

 

1. That, it was resolved that the employees cannot be held responsible unless the charter of duties are in writing.

 

1. That, I was never asked to engage the services of the labourers and as such the labourers were not engaged by me nor were the payments made by me.

 

1. That, you had stated that “As per prevailing procedure in the Club, Secretary being an Ex-Officio Member of the Sub Committee has to pass the bills for payment against supply of goods and services based on the recommendations of the Chairman of the Sub Committee.”

 

1. That, I quote the following few examples for ‘prevailing procedures’, which, you yourself had stated as mentioned herein supra.

 

1. That, the children’s library renovation work was supervised, measured and certified by the Library Sub Committee

 

1. That, the Marking of the parking area including the number of days labor was supervised, measured and certified by the Chairman – Building Works and Maintenance Sub Committee

 

1. That, during the year 2013-15, renovation of the Card room, construction of toilets, covering the pathway in lawn, painting etc., was supervised, measured and certified by the Chairman – Building Sub Committee

 

1. That, works, worth lakhs and crores have been executed in the past and it is known to everyone that no such log books of daily wages or accounts were ever maintained by a General Manager.

 

1. That, I remember that it was resolved that” ….ದೈನಂದಿನ ಕೆಲಸ ಕಾರ್ಯಗಳು ಮತ್ತು ಆಗುಹೋಗುಗಳಿಗೆ ಆಯಾ ವಿಭಾಗದ ಉಪಸಮಿತಿ ಅಧ್ಯಕ್ಷರುಗಳೇ ನೇರ ಹೊಣೆಗಾರರಾಗುತ್ತಾರೆ. ಆಡಳಿತಕ್ಕೆ ಸಂಬಂಧಿಸಿದ ವಿಷಯಗಳಿಗೆ ಕಾರ್ಯದರ್ಶಿಯವರು ಜವಾಬ್ದಾರರಾಗುತ್ತಾರೆ. ಇದನ್ನು ಕ್ಲಬ್ಬಿನ ಬೈಲಾ ನಿಯಮ 22-ಎ (22) ರಲ್ಲಿ ಸಹ ಉಲ್ಲೇಖಿಸಲಾಗಿದೆ….” which means and includes execution of work, supervision and certifying the bill(s) and recommending for payment. As such, the job of maintaining log books / accounts solely is with the chairman concerned.

 

1. That, the Managing Committee had ratified the expenditure in its meeting held in January 2017.

 

1. Reply to your Show Cause Notice cited at (6) above, Charge # 2

 

1. That, your statement “While you were discharging the duties as General Manager of the Club, you were entrusted with the following important responsibilities (2) You were entrusted with the responsibility of delivery of confidential information and documents pertaining to Case No. O.S 8113/2016 (of Sri. H. Shanker Shetty Vs Vijayanagara Club) to our advocate Sri. R. Nataraj at Gandhinagar” is hereby expressly and specifically denied as false, frivolous and baseless.

 

1. That, your charge # 2 “You are aware that one Sri. H.S. Shanker Shetty, Ex-Secretary had filed Civil Suit against the Club, Vide O.S. No. 8113/2016. You were entrusted with the duty to deliver the documents and confidential replies to our Advocate Sri. R. Nataraj, at Gandhinagar office. It is informed by the Advocate that you delivered the documents to the advocate as instructed by the In Charge Secretary. But on the same day you have taken back the files and documents on the pre-text of taking the copies of the documents for our office and returning the same to the advocate, which was never done. The fact is remains that there was no necessity to copy them as we had those copies in the Club. Prima facie it appears that you have taken back the documents from Advocate office to hand over the same to the petitioner of the case in a clandestine manner to help the petitioner. The Club had to face embarrassing situation in the court on 17/02/2017, as the concerned documents and papers were not available with Advocate, when the case was called. This amounts to cheating the Club with criminal intention on your part.” is hereby expressly and specifically denied as false, frivolous and baseless.

 

1. Both, your statement cited at III (1) and your charge # 2 cited at III (2) above, are hereby expressly and specifically denied as false, frivolous and baseless, in view of the following facts.

 

1. That, despite me joining the Club as a General Manager in January 2015, neither powers nor were duties given to me till 07/12/2016.

 

 

 

1. That, despite you, now claiming it was an important responsibility there was no whisper of legal, courts or advocate duties in your letter cited at (1) above, which in fact was issued after 28/11/2016 and that there is a prevailing procedure in the Club to give the tasks and responsibilities in writing.

 

1. That, it was resolved that the employees cannot be held responsible unless the charter of duties are in writing.

 

1. That, your advocate will act only as per your instructions and not that of a messenger. The fact that there is no acknowledgement for having received and given back the documents and confidential replies makes it amply clear that no such documents and confidential replies were given or taken back. Any prudent advocate will always acknowledge having received or given back the documents, if received or given back.

 

1. That, there is a prevailing procedure in the Club for in and out movement of documents wherein the person giving the document hands over the same to the employee specifically named for the purpose as per your letter cited at (1) above, who then enters the details of such documents, forwards it to the receiving person and obtains his signature before handing over the documents

 

That, even assuming that the said procedure is unintentionally overlooked or violated, while handing over some documents and confidential replies as falsely alleged, the documents are always handed over under acknowledgment as per prevailing procedures. No such acknowledgement was obtained from me as any such documents or confidential replies were not given to me to handover to your advocate.

 

1. That, your statement merely saying ‘documents and confidential replies’ without specifying prove that this charge is false, frivolous and baseless. As otherwise, such ‘documents and confidential replies ‘would have been sent with a covering letter, detailed index of documents, duly authorizing me with my attested signature to deliver it to the advocate.

 

 

1. That, for anyone, even to believe your false, frivolous and baseless allegations, your advocate had enough time from the date of hearing of 4th Jan 2017 (after my resignation) and the date of hearing of 17th Feb 2017.

 

That, during this juncture, your advocate could have verified the documents to be produced before the Hon’ble Court on 17th Feb 2017 or the Secretary being the representative of the Club in all legal matters could have enquired with him if any documents are required.

 

That, your advocate straightway appeared before the Hon’ble Court on 17th Feb 2017 without any documents and did not realize the same till such time the case was called, in itself is enough to prove that no such documents were given nor taken back. In all possibilities this appears to be clear case of misunderstanding / miscommunication between you and your advocate concerned.

 

Finally, I once again state that, all the allegations in the Show-Cause Notice cited at (6) above, are hereby expressly and specifically denied as false, frivolous and baseless and appears to have been made in view of my letter cited at (3) above, wherein I had mentioned that I  be relieved in view of ‘un-safe’ atmosphere.