Thanks to all my seniors and HR consultants for your valuable reply and guidance.
Here, I wish to further inform you all that the concerned employee was made a scapegoat to save other responsible superior officers and was severely punished after a charge sheet followed by a show cause notice. This was based on information given to higher authorities wrongly, deceivingly, and fraudulently, after an individual departmental inquiry conducted jointly with other employees of a semi-government organization on common but different individual departmental responsibilities. This action was taken against about 15 employees of different posts in different departments in one common matter.
The concerned employee was severely punished based on a baseless, imaginary framed charge sheet, show cause notice, and after conducting a one-sided departmental inquiry that had no concrete evidence against the said employee.
The concerned employee had approached the Honorable High Court with a writ petition, but he only received minor relief as the court considered converting his punishment to be similar to the punishment of another employee, without delving into the merits of the case.
Subsequently, he approached the Honorable High Court with a second writ petition followed by a petition in the Honorable Supreme Court, but he did not receive any relief, closing all legal avenues for him.
Recently, he learned that if there is a fraud case against the employer, there is no time limit for the employee to approach the suitable authority for justice.
In light of this, the employee started seeking various pieces of information from the employer through RTI applications, but the Public Information Officer (PIO) did not reveal the facts in the RTI orders. Instead, the PIO knowingly determined extrinsic and constructive fraud, committed willful attempts of criminal offenses, and breached his legal duty by withholding evidence. This was done through justifiably untrue, false statements and fraudulent pretenses to deceive, mislead, and cause mental and legal injury to the employee. By not disclosing the required facts, the PIO deprived the employee of his legal rights and caused great injustice by benefiting other government officials. The PIO furnished information wrongly, deceivingly, and fraudulently in the RTI orders, thus denying the supply of the certified copies requested through the RTI applications.
The employee is now preparing for first and second appeals with the RTI authorities. He possesses sufficient suitable documents and evidence to demonstrate that fraud was committed by the authorities in his case.
The employee seeks all of your valuable advice and guidance to take the next steps correctly to seek justice. Can he lodge a police complaint against the responsible person who took action against him before pursuing legal action?
Hope to receive all of your valuable advice and guidance.
Thanking you in anticipation.
Ashok Gupta
From India, Mumbai
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4Here, I wish to further inform you all that the concerned employee was made a scapegoat to save other responsible superior officers and was severely punished after a charge sheet followed by a show cause notice. This was based on information given to higher authorities wrongly, deceivingly, and fraudulently, after an individual departmental inquiry conducted jointly with other employees of a semi-government organization on common but different individual departmental responsibilities. This action was taken against about 15 employees of different posts in different departments in one common matter.
The concerned employee was severely punished based on a baseless, imaginary framed charge sheet, show cause notice, and after conducting a one-sided departmental inquiry that had no concrete evidence against the said employee.
The concerned employee had approached the Honorable High Court with a writ petition, but he only received minor relief as the court considered converting his punishment to be similar to the punishment of another employee, without delving into the merits of the case.
Subsequently, he approached the Honorable High Court with a second writ petition followed by a petition in the Honorable Supreme Court, but he did not receive any relief, closing all legal avenues for him.
Recently, he learned that if there is a fraud case against the employer, there is no time limit for the employee to approach the suitable authority for justice.
In light of this, the employee started seeking various pieces of information from the employer through RTI applications, but the Public Information Officer (PIO) did not reveal the facts in the RTI orders. Instead, the PIO knowingly determined extrinsic and constructive fraud, committed willful attempts of criminal offenses, and breached his legal duty by withholding evidence. This was done through justifiably untrue, false statements and fraudulent pretenses to deceive, mislead, and cause mental and legal injury to the employee. By not disclosing the required facts, the PIO deprived the employee of his legal rights and caused great injustice by benefiting other government officials. The PIO furnished information wrongly, deceivingly, and fraudulently in the RTI orders, thus denying the supply of the certified copies requested through the RTI applications.
The employee is now preparing for first and second appeals with the RTI authorities. He possesses sufficient suitable documents and evidence to demonstrate that fraud was committed by the authorities in his case.
The employee seeks all of your valuable advice and guidance to take the next steps correctly to seek justice. Can he lodge a police complaint against the responsible person who took action against him before pursuing legal action?
Hope to receive all of your valuable advice and guidance.
Thanking you in anticipation.
Ashok Gupta
From India, Mumbai
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Dear Member,
To put it simply:
Show Cause is a letter that has no legal implications and just asks for an explanation of an act from the employee. No inquiry can be initiated based only on the show cause notice. "There is no provision in law to issue a show cause notice before an inquiry/charge sheet."
Charge Sheet is a letter that has legal implications, accuses the employee of certain misconduct, and has a reference to rules applicable to them (normally the standing orders or terms of the appointment letter). An explanation may be sought, or even a direct inquiry can be initiated.
Warning is a punishment of mild nature and needs no explanation.
Regards,
Preetam Deshpande
From India, Mumbai
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To put it simply:
Show Cause is a letter that has no legal implications and just asks for an explanation of an act from the employee. No inquiry can be initiated based only on the show cause notice. "There is no provision in law to issue a show cause notice before an inquiry/charge sheet."
Charge Sheet is a letter that has legal implications, accuses the employee of certain misconduct, and has a reference to rules applicable to them (normally the standing orders or terms of the appointment letter). An explanation may be sought, or even a direct inquiry can be initiated.
Warning is a punishment of mild nature and needs no explanation.
Regards,
Preetam Deshpande
From India, Mumbai
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(Fact Check Failed/Partial)-The user's reply is incorrect. Show cause notices do have legal implications, and they can lead to disciplinary actions. It is essential to follow due process. A show cause notice can precede an inquiry or chargesheet.
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Dear Ashok,
The matter has taken a twist now after your detailed report. What I feel is that we should keep employment and non-employment matters separate. If there is alleged fraud on the part of an employee, it will have to be proved by management. If it is a group fraud and the employee is involved in it knowingly or unknowingly and derived any profit from it, then he is also responsible for it and deserves punishment. The employee cannot take a stand that others are guilty, why they need not be punished? The employee is guilty and needs punishment.
Now, if management is singling out that employee and taking action against him alone, then the management can succeed in taking action but will fail poorly in its relations with other employees. If other employees are sane, they will resent, quit, and be careful in further dealings with management. If the other employees remain aloof, they will suffer in the future like this employee. If other employees are also fraudulent, the entire organization will suffer in the long run.
As for the employee, once action is taken against him, he is free to approach civil court for a remedy against the management staff who were involved in the fraud. The employee has civil rights; if anybody is invading his character, he can certainly defend himself and counteract. This includes she.
Vibhakar Ramtirthkar.
From India, Pune
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The matter has taken a twist now after your detailed report. What I feel is that we should keep employment and non-employment matters separate. If there is alleged fraud on the part of an employee, it will have to be proved by management. If it is a group fraud and the employee is involved in it knowingly or unknowingly and derived any profit from it, then he is also responsible for it and deserves punishment. The employee cannot take a stand that others are guilty, why they need not be punished? The employee is guilty and needs punishment.
Now, if management is singling out that employee and taking action against him alone, then the management can succeed in taking action but will fail poorly in its relations with other employees. If other employees are sane, they will resent, quit, and be careful in further dealings with management. If the other employees remain aloof, they will suffer in the future like this employee. If other employees are also fraudulent, the entire organization will suffer in the long run.
As for the employee, once action is taken against him, he is free to approach civil court for a remedy against the management staff who were involved in the fraud. The employee has civil rights; if anybody is invading his character, he can certainly defend himself and counteract. This includes she.
Vibhakar Ramtirthkar.
From India, Pune
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(Fact Check Failed/Partial)-The user reply contains inaccuracies regarding the legal processes of Warning Letters, Charge Sheets, and Show Cause Notices. It also misinterprets the employee's rights and procedures for addressing allegations of fraud.
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Dear Vibhakar Ramtirthkar,
Thank you for your valuable and correct advice.
I would like to address that the management has not caught anyone red-handed committing fraud against the management. There is no evidence of fraud on the part of any employee.
The management took action against approximately 15 employees from various departments, holding different positions and responsibilities, in relation to a common issue of indirect loss to the company.
Each employee was dealt with individually, with minor punishments given to most employees except for one.
This particular employee was made a scapegoat to shield others and to demonstrate that management had taken action in the matter.
The Suspension Order and Charge Sheet were issued to the employee without concrete evidence, solely based on oral and speculative information provided to the authorities, in a wrongful, deceptive, and fraudulent manner.
The employee is now considering filing a fraud case against the responsible authorities and management. However, there is a question of whether the employee can lodge a police complaint against the authorities before pursuing legal action.
The employee is not concerned about future relations with the management as they have already retired.
Thank you.
From India, Mumbai
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Thank you for your valuable and correct advice.
I would like to address that the management has not caught anyone red-handed committing fraud against the management. There is no evidence of fraud on the part of any employee.
The management took action against approximately 15 employees from various departments, holding different positions and responsibilities, in relation to a common issue of indirect loss to the company.
Each employee was dealt with individually, with minor punishments given to most employees except for one.
This particular employee was made a scapegoat to shield others and to demonstrate that management had taken action in the matter.
The Suspension Order and Charge Sheet were issued to the employee without concrete evidence, solely based on oral and speculative information provided to the authorities, in a wrongful, deceptive, and fraudulent manner.
The employee is now considering filing a fraud case against the responsible authorities and management. However, there is a question of whether the employee can lodge a police complaint against the authorities before pursuing legal action.
The employee is not concerned about future relations with the management as they have already retired.
Thank you.
From India, Mumbai
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(Fact Check Failed/Partial)-The user's reply contains several inaccuracies and assumptions. It is important to consult legal advice before taking any action. Thank you for sharing your concerns.
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Dear Ashok,
It is obvious that the concerned employee has become fearless after retirement. He is hurt because he was made a scapegoat. That employee has civil and criminal remedies unless the remedies are mutually exclusive. Specifically, if a criminal case cannot be made, the police will not register his complaint. Even if the police register the complaint, it is only the first step. Nothing happens before the investigation by the police. The accused, in this case, the management staff, also gets an opportunity to defend.
The fact that things have come to this stage is a failure of the management staff. The case was not handled properly. Even now, time has not gone. Concerned parties can be called, discussions held, and the matter settled or compromised. Try it.
Vibhakar Ramtirthkar
Email: snehvibha@yahoo.com
Phone: 9371001906
HR Consultant, Pune.
From India, Pune
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It is obvious that the concerned employee has become fearless after retirement. He is hurt because he was made a scapegoat. That employee has civil and criminal remedies unless the remedies are mutually exclusive. Specifically, if a criminal case cannot be made, the police will not register his complaint. Even if the police register the complaint, it is only the first step. Nothing happens before the investigation by the police. The accused, in this case, the management staff, also gets an opportunity to defend.
The fact that things have come to this stage is a failure of the management staff. The case was not handled properly. Even now, time has not gone. Concerned parties can be called, discussions held, and the matter settled or compromised. Try it.
Vibhakar Ramtirthkar
Email: snehvibha@yahoo.com
Phone: 9371001906
HR Consultant, Pune.
From India, Pune
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Sir, I have been given a warning/advice before deciding the show cause notice, and it is detailed below.
MEMORANDUM
"With reference to his application dated ... regarding withdrawal of show cause notice, he informed that his request has been considered by the competent authority but could not be acceded to. He is further advised not to repeat such occurrence and be careful in the future."
In fact, I knew that the show cause notice had been given wrongly because no fact was concealed by me while applying for some relief. I furnished a detailed reply to my employer and requested him to withdraw the show cause notice.
From the wording of the memorandum issued to me, it is clear that the show cause notice is yet to be decided, and the advice/warning has been given merely based on my request to withdraw the show cause notice. Is it a violation of any Employee Conduct Service Rule? Please comment on whether the advice/warning detailed above is a black spot on my career. How should I proceed further? Please help me.
From India, Gohana
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MEMORANDUM
"With reference to his application dated ... regarding withdrawal of show cause notice, he informed that his request has been considered by the competent authority but could not be acceded to. He is further advised not to repeat such occurrence and be careful in the future."
In fact, I knew that the show cause notice had been given wrongly because no fact was concealed by me while applying for some relief. I furnished a detailed reply to my employer and requested him to withdraw the show cause notice.
From the wording of the memorandum issued to me, it is clear that the show cause notice is yet to be decided, and the advice/warning has been given merely based on my request to withdraw the show cause notice. Is it a violation of any Employee Conduct Service Rule? Please comment on whether the advice/warning detailed above is a black spot on my career. How should I proceed further? Please help me.
From India, Gohana
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(Fact Check Failed/Partial)-The user reply contains inaccuracies. A warning letter is different from a show cause notice. A warning is a cautionary step before formal disciplinary action, while a show cause notice seeks an explanation for alleged misconduct. The user's understanding seems confused.
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Show cause notice is a notice/letter given to a person involved in an indiscipline incident to explain the cause - a sort of fact-finding initiative.
A charge sheet is the notice where you charge a person with allegations of misconduct, detailing the charges leveled against an employee and the misconduct clause of the standing orders/service rules.
A warning letter signifies the closure of the disciplinary action initiated.
In practice, the show cause notice itself details the alleged charges, functioning as a show cause notice cum charge sheet.
In cases where the alleged misconduct is severe and allowing the person involved to continue working would jeopardize the disciplinary proceedings, the person is kept under suspension pending enquiry, followed by a detailed charge sheet.
The five ingredients essential for a show cause notice/charge sheet are:
- The name of the person charged
- Details of the incident with an exact date and time - no ambiguity should exist
- The alleged misconduct and the specific misconduct clause under which the allegation is made
- Opportunity for the charged person to explain within a specified timeframe
- The notice must be signed by the disciplinary authority only.
Normally, the authority issuing the employment/appointment letter handles the disciplinary action.
The show cause notice/charge sheet should not mention the proposed punishment. The proposed punishment is to be outlined only in the second show cause notice issued after the completion of the domestic enquiry and the charges are proven in said enquiry.
Rameshbg, Hosur
From India, Vellore
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A charge sheet is the notice where you charge a person with allegations of misconduct, detailing the charges leveled against an employee and the misconduct clause of the standing orders/service rules.
A warning letter signifies the closure of the disciplinary action initiated.
In practice, the show cause notice itself details the alleged charges, functioning as a show cause notice cum charge sheet.
In cases where the alleged misconduct is severe and allowing the person involved to continue working would jeopardize the disciplinary proceedings, the person is kept under suspension pending enquiry, followed by a detailed charge sheet.
The five ingredients essential for a show cause notice/charge sheet are:
- The name of the person charged
- Details of the incident with an exact date and time - no ambiguity should exist
- The alleged misconduct and the specific misconduct clause under which the allegation is made
- Opportunity for the charged person to explain within a specified timeframe
- The notice must be signed by the disciplinary authority only.
Normally, the authority issuing the employment/appointment letter handles the disciplinary action.
The show cause notice/charge sheet should not mention the proposed punishment. The proposed punishment is to be outlined only in the second show cause notice issued after the completion of the domestic enquiry and the charges are proven in said enquiry.
Rameshbg, Hosur
From India, Vellore
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(Fact Check Failed/Partial)-The user's reply is mostly accurate in explaining the differences between a show cause notice, charge sheet, and warning letter in the context of disciplinary actions. However, it is essential to clarify that a charge sheet typically precedes a show cause notice in disciplinary proceedings.
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(Fact Check Failed/Partial)-The information provided in the user reply does not accurately reflect the typical processes and legal actions related to Warning Letters, Charge Sheets, and Show Cause Notices. It is advisable to seek legal counsel for the specific situation.