Last Updated on September 3, 2018 by Legalseva.net
It is the mandate of a service law that a show Cause Notice must be served to delinquent employee Before initiating any departmental proceedings against him.
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Here recently a gambling racket was discovered in a 4 star hotel of Chandigarh administration and pursuantly the hotel authorities have taken action on erring staffers and officials to book home the culprit for negligence on their part.
As per service law, show Cause Notice allows employees to give prima facie defence to show why shouldn’t be the inquiry be initiated against him for the said fault?
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In most cases, 15 to 30 days time is given to give reply to the show Cause Notice.
After receiving Reply authorities may proceed in accordance with law which is presenting a chargesheet and appointing an Enquiry Officer (EO) to conduct Disciplinary Proceedings ( DP).
The charges fixed will be read to employee and he will be allowed to lead his/her defence and cross examination of witnesses respectively.
In this case 15 days is given for reply to hotel staffers as to prove their side whether they were responsible for running of a gambling racket inside the hotel premises or not?
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The most important thing in departmental proceedings is adherence to the principles of natural justice that shouldn’t be ignored.
Everyone should be given fair transparent and equal opportunity to defend his case.
Remember – Justice should not be done but it should be appear to be done.
The news has certainly brought bad name to the government running the hotel and it is considered to be serious lapse by the authorities.
The Inquiry officer (IO) or Presenting Officer(PO) may decide the case as per the merits and documents brought on the record.
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Chargeseet is issued under model conduct of rules and regulations of organisation governing the employees under it.
After chargesheet, the disciplinary authority may or may conduct inquiry and impose penalty.Penalty impose can be major (harsh) & minor (less severe) in terms of monetary and other benefits. The order mentions employee to approach appellate within a specific time frame which is 60 or 90 days.
If you have any query related to service matter issue or disciplinary proceedings, please dial 99888-17966 for any subject specific legal advice.
