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Anil Shah (counsellor)     15 August 2009

show cause notice

Show cause notice

To be valid, does show cause notice need to have,

1. specific charges

2. pentalty or punishment

If no charge is levied but vague allegations and that too of character made without substnatial, can it be considered as sufficient grounds for termination of probationer ( ref HOn C.J. decision reported today that show cause notice required as part of natural justice procedure  

 



Learning

 4 Replies

Kiran Kumar (Lawyer)     15 August 2009

certainly a show cause notice has to be specific in nature, it must set out the allegations clearly....

if possible can u pls let us know the judgment u r referring to.

1 Like

Anil Shah (counsellor)     17 August 2009

Sir,

You refer to inquiry stage, what is meant by inquiry ?

1. If a senior member of the dept visits the office, takes down statement of employee without permitting any cross examination of complainant, or permitting employee to refer to bhis ppaers can it be called an inquiry ?

2. If he insisits and complets in one day and then does the same thing another time is  it inquiry ?

3. If he has not levied any specific charges is it inquiry ?

By inquiry it is pre show cause notice .  Is disciplinary action permitted after show cause notice and no  charge sheet or disciplinary inquiry ? 

Anand Shrinivas Raman (Director)     28 August 2010

Sir, Is there any law which says that Show Cause Notice should be served in original to the person addressed in the Notice?

Anil Shah (counsellor)     03 October 2010

I dont know for sure, but it is certainly the normal practice.


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