Facing a Show Cause Notice: How Should You Respond to Avoid Termination?

On the basis of the "Show Cause Notice" received two months ago, the company may terminate the employee after two months from the "Show Cause Notice," provided the employee gives their justification by mail within 48 hours of receipt of the "Show Cause Notice."

The question is not clear from the query. What is it that you want us to respond to?

Termination Based on Show Cause Notice

On the basis of a show cause notice, the services of an employee cannot be terminated unless the employee accepts the charges mentioned in the show cause notice. If the employee disputes the charges, then a proper departmental inquiry is to be held. Also, there is no need to wait for two months before termination.

Understanding Show-Cause Notices

A show-cause notice is a communication to an employee directing them to submit their reply or explanation within a specified time frame so that punitive action is not initiated by the management.

After the submission of the show-cause notice, an inquiry will be conducted by management. Based on the report by the Enquiry Officer, if the allegations or charges are proven, a punishment will be awarded to the employee, depending on the gravity of the misconduct. If not proven, the matter shall be closed after sending a communication to the employee.

Sir, the question is, can the company terminate the employee after two months of sending the "show cause notice"?

If the show cause notice is received by the employee on 14th April and the employee gives his explanation to the company within 48 hours, then can the company terminate the employee after two months in June/July based on the show cause notice sent on 14th April? Can they or not?

Hi, What I explained above is the normal procedure to be followed by management. The practice of straight away terminating the services of an employee after issuing a Show Cause Notice (SCN) is unheard of. Termination from the service is a punishment awarded to an employee by the management after observing all procedural steps and principles of natural justice.

From your narration, it is inferred that no opportunity is given to the employee to explain their part, and the matter is not investigated through a domestic enquiry. This is not a good industrial practice.