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How serious is a show cause notice?

How serious is a show cause notice?

If a person receives an order to show cause it must be given the highest priority and must be taken very seriously, because it may just be the only chance to avoid termination, expulsion or even criminal charges. The show cause notice must be replied with explanation as soon as possible.

What is the next step after show cause notice?

After considering the reply of show cause by Employer or his authorised representative if they found employee responsible for misconduct they can award punishment including dismissal of service. While deciding the quantum of punishment the gravity of misconduct must be seen and punishment should be according to it.

What does show cause notice mean in law?

Show cause notice means a Court order that requires a party to appear before the court and explain why a certain course of action should not be taken against it. If the party cannot convince the court or fails to appear, that course of action is taken.

When is a show cause notice mandatory in India?

2. In ‘ Metal Forgings V. Union of India’ – 2002 (11) TMI 90 – SUPREME COURT OF INDIA the Supreme Court held that show cause notice is a mandatory requirement for raising demands and that communications, orders, suggestions or advices from department cannot be deemed to be a show cause notice. 3.

Can a show cause notice be served without serving a SCN?

These notices are without serving any Show Cause Notice (called SCN) and without legal and proper adjudication by the Adjudicating Authority. The due process of demand and adjudication need to be followed and principles of natural justice with opportunity of being heard to be given.

Can You recover money after a show cause notice?

It is a settled principle of law that even if an amount has been paid to an employee wrongly or under mistaken belief, the same can only be recovered after issuance of show cause notice. Even if the rules do not permit so but rules of natural justice stand violated in case the recovery is done without giving any opportunity of hearing. 4.

Show cause notice means a Court order that requires a party to appear before the court and explain why a certain course of action should not be taken against it. If the party cannot convince the court or fails to appear, that course of action is taken.

2. In ‘ Metal Forgings V. Union of India’ – 2002 (11) TMI 90 – SUPREME COURT OF INDIA the Supreme Court held that show cause notice is a mandatory requirement for raising demands and that communications, orders, suggestions or advices from department cannot be deemed to be a show cause notice. 3.

What does an order to show cause mean?

Order to show cause is issued by the authority or the Management subsequent to checking on the whole incident and if finds that the individual accused or may be involved in wrongdoing and it also gives a reasonable and fair chance of hearing him and his clarification towards his/her activities thus keep away from the disciplinary action.

These notices are without serving any Show Cause Notice (called SCN) and without legal and proper adjudication by the Adjudicating Authority. The due process of demand and adjudication need to be followed and principles of natural justice with opportunity of being heard to be given.