Recently in our orgn. a case of gross misconduct is highlighted in which various catg. of employees are involved.
What i've to issue ; show cause notice or charge sheet
Whats the basic difference between the both
Who is/are the official competant for signing over CS/SCN.
Urgent action is to be taken, Seniors kindly advise.
Regards,
JITEN
From India, Calcutta
What i've to issue ; show cause notice or charge sheet
Whats the basic difference between the both
Who is/are the official competant for signing over CS/SCN.
Urgent action is to be taken, Seniors kindly advise.
Regards,
JITEN
From India, Calcutta
HAI,
Show cause notice(SN) is issued for civil actions
and charge sheet(CS) is issued for criminal actions.
In Show cause notice, by serving this notice an opportunity is given to the offender for his actions by asking him to defend the charges made against him by explanations and reasons by writing and as well as personal hearing. If the offender clears himself that whatever he has done is right then the charges/actions will be dropped against him.
In charge sheet , you serve a notice against the criminal actions for defending, but should be very careful while serving this notice, you should take advice from proper lawyer. Otherwise it will backfire you.
Hope this will help you out......
check before making any legal decisions.
From India, Madras
3Show cause notice(SN) is issued for civil actions
and charge sheet(CS) is issued for criminal actions.
In Show cause notice, by serving this notice an opportunity is given to the offender for his actions by asking him to defend the charges made against him by explanations and reasons by writing and as well as personal hearing. If the offender clears himself that whatever he has done is right then the charges/actions will be dropped against him.
In charge sheet , you serve a notice against the criminal actions for defending, but should be very careful while serving this notice, you should take advice from proper lawyer. Otherwise it will backfire you.
Hope this will help you out......
check before making any legal decisions.
From India, Madras
The show cause notice should be issued after the oral warning once or twice depending on the seriousness of the problem. The show cause notice is the first record of legal action from the company side which will be documented.
From India, Madras
From India, Madras
As explained by others earlier,
Show Cause notice is served to get explanation for a misconduct of an employee and the employee is expected to give explanation for the same. if the management is not satisfied with the explanation then Chargesheet is issued and again explanation is sought from the delinquent. Still if the management is not satisfied then domestic enquiry is carried out.
Normally, for minor misconduct Show Cause notice is issued. Here normally management dont intend to take any legal action. They only want to warn an employee for his bad/riotous behaviour.
Chargesheet is issued when the misconduct is a major one and management intends to carry on domestic inquiry for the same.
So, normally, issuing Show Cause notice is the first step of issuing chargesheet only to make the case stronger from management point of view.
Regards,
Nilendra
Show Cause notice is served to get explanation for a misconduct of an employee and the employee is expected to give explanation for the same. if the management is not satisfied with the explanation then Chargesheet is issued and again explanation is sought from the delinquent. Still if the management is not satisfied then domestic enquiry is carried out.
Normally, for minor misconduct Show Cause notice is issued. Here normally management dont intend to take any legal action. They only want to warn an employee for his bad/riotous behaviour.
Chargesheet is issued when the misconduct is a major one and management intends to carry on domestic inquiry for the same.
So, normally, issuing Show Cause notice is the first step of issuing chargesheet only to make the case stronger from management point of view.
Regards,
Nilendra
I want a showcause notice formate to draft it & apply it in our organization. Regards, Minakshi
From India, Calcutta
From India, Calcutta
dear
mr nilendra is absolutely right and he has explained in correct way.
this is the correct procedure which he has expained however you can issue charge sheet directly and there is no boundation to issue show cause before charge sheet.
regards
js malik
From India, Delhi
mr nilendra is absolutely right and he has explained in correct way.
this is the correct procedure which he has expained however you can issue charge sheet directly and there is no boundation to issue show cause before charge sheet.
regards
js malik
From India, Delhi
The question relates to the difference between a Show-cause Notice and a Charge sheet. Charge sheet is also technically a show-cause notice only. Show cause notice is a broader concept and Charge sheet is a technical terminology and is largely derived from the Standing Orders. Both can be used, unless an employee who is alleged to have committed a misconduct is covered under the Standing Orders of the company, where there is a reference to a Charge sheet, as tool of the disciplinary process. In all other cases, show-cause notice and a charge sheet differ only in name, but not in substance or force. You can issue a show cause notice and if the explanation tendered by the employoee is not satisfactory, he can be proceeded against throug domestic enquiry. The gravity of the offense does not matter. But in essence, even in the Show cause notice, the charges (or allegations) must be very specific and not vague or be open for interpretation. Normally in a charge sheet, the clauses of the Standing orders underwhich the alleged misconduct are mention is also clearly mentioned so that there is no scope for interpretation. In the absence of the standing orders applicable to that individual, you can use Show-cause notice and there is absolutely nothing wrong. Show-cause notice or Charge sheet should not contain any statement that preconcludes that the offence has been committed. It must only say that "it has been alleged that..." or "it has been reported that you have...." and the Show cause notice or charge sheet concludes with "Show cause, in writing within 3 days, as to why disciplinary action should not be taken against you. If your explanation is not received within the stipulated time, it will be presumed that you do not have any reasonable explanation to offer and you wil be proceeded against".
So confidently use either of the terminologies, as per the distinction I have suggested above.
EIRVALSA
From India, Madras
So confidently use either of the terminologies, as per the distinction I have suggested above.
EIRVALSA
From India, Madras
Dear Sir,
How to issue a show cause to the operator who wrongly processed the material worth of Rs. 3 lakhs which will become a scrap? How to proceed action? He is in the trade union.
pls send some draft for ready reference. Also, suggest suitable action on the above loss.
thanking U.
Vivin
From India, Madras
How to issue a show cause to the operator who wrongly processed the material worth of Rs. 3 lakhs which will become a scrap? How to proceed action? He is in the trade union.
pls send some draft for ready reference. Also, suggest suitable action on the above loss.
thanking U.
Vivin
From India, Madras
my working hours are 1000hrs 1800hrs, just before leaving i received telephone call stating that i have to attend duty again 2000hrs, which skipped out from my mind and i became absent. i have been issued notice stating that major damage occurred due to my absent, where as nothing such. this is first time happen in my 8 years of service, advice me please.
From India, Cuttack
From India, Cuttack
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SHOW CAUSE NOTICE.pdf
Show Cause Notice.doc