What Exactly Is a Show Cause Notice and When Should It Be Issued?

Hi,

Can anybody please tell me in detail what is the meaning of Show Cause Notice and when do we issue it.

Regards,
Gunjan

Please see a PowerPoint presentation on "Disciplinary Action" by me posted last week, which is available in this forum. Please verify and get back to me.

Regards,
Madhu.T.K

It is the action taken forward in ethical manners towards the wrong activities of employees or if they break the rules.

---

It is the action taken in an ethical manner towards the wrongful activities of employees or if they break the rules.

To maintain the principle of natural justice, the delinquent employee is served with a notice justifying the charges of his/her offense/misconduct and asking for an explanation or to present his/her stand on the charges within a reasonable time. This ensures that he/she is given a fair chance to present his/her case, which is called a show cause notice.

For example, if an employee remains absent from duties frequently without prior sanction or intimation, and without valid reasons, or remains absent from duties without intimation for more than 10 consecutive days, he is liable for disciplinary action under applicable standing orders. If despite being issued warning letters for this misconduct multiple times earlier, the employee does not show improvement, then he may be served with a show cause notice asking why appropriate disciplinary action cannot be initiated against him. In some cases, there can be a 1st show cause notice, 2nd show cause notice, and final show cause notice to provide ample chances for improvement. If there is still no improvement seen, then the employer can initiate appropriate action against the employee.

Hi Everyone,

Please guide me if the show-cause letter has been justified and cleared, indicating that the complaint was wrong. In that case, should we issue a letter to the employee stating that the justification has been accepted?

Dear all,

Please help me.

Maine before 6 months ek company se resignation kiya tha, or mera waha se full & find bhi ho gaya, or PF bhi aa gaya. Par ab company se mujhe show cause notice aaya hai, jisme unhone 2.5 lakh ka cash shortage likha hai. Ab friends, batao main kya karu. Please help me. Aur show cause notice company ke letterhead par hi aaya hai.

@Riteshmaity,

It is a technicality that a show-cause notice or charge sheet cannot be issued to this person, who is presently an ex-employee. However, the issue of an allegation or claim regarding 2.5 lakh will have to be addressed by the person.

That is why I asked for more details and to see whether any practical solutions can be suggested.

I think the maximum the ex-employee can do is to reply to the show cause, raising the technicality point first. Such a show cause is not maintainable on him as he is an ex-employee, and they do not have an employer-employee status currently. On the point of the allegation, he has to clearly deny it. I do not think there is anything more required by the ex-employee.

Check www.labourlawhub.com for more information.

Allegation about 2.5 lakhs would need to be replied. Depending on facts of the case, the employee would need to be ready with answers if the matter proceeds further.