Hi,

I am working in financial company. I had visited abroad without company's permission and giving sickness certificate, I had joined the company after 2 months.
The company issued me chargesheet for unauthorised absence which was accepted by me that I have visited abroad and violated company's rule.
Than company issued me show cause notice as under:

"Charge sheet was issued to you and reply received from you and you have not disputed that you have violated the rule.
Therefore looking to the nature of these acts which have been detrimental to the interest of the company, I provisionally propose to impose on you the penalty of Reversion to the lower cadre under company rule with emmediate effect.
However, before proceeding further, I hereby direct you to show cause within a period of Seven Days to why the penalty of Reversion to the lower cardre proposed herein, be not imposed on you. If no reply is recived within the aforesaid period or if the reply received is not found satisfactory, further action shall ensue without any reference to you."

I have to give reply to this show cause notice, you are requested to guide me to write the reply.

Thanking you.

Chandran

From India, Madgaon
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Mr. Chandran,
With reference to the contents of Show Cause Notice, is it mentioned in your Service Agreement that you cant go abroad or Travel without Company's Prior Permission? Kindly Check at your end.
Is Prior permission required from your Company only for going abroad or Travel within India as well?
As per my view in India every Indian Citizen has a Fundamental Right to Travel within nation, however regarding restriction on employee to Travel or go abroad is a restriction on Right to Life & Personal Libery, Privacy of the employee (Art. 21 of Indian Constitution) hence Company can not bind its employees from going abroad or travelling.
In your case since you have not given any reasonable cause for your abroad travel and also produced false sickness Certificate, hence your Company may have doubt on your foreign visits.
As aforesaid kindly peruse your Service Agreement and contact a Local Lawyer to comeout from this situation.
Regards,
Saquib
Mumbai

From India
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply contains some inaccuracies. In India, employers can restrict employees from traveling without permission if it's a stated policy in the employment contract. Employees must comply with company rules. It's essential to address the violation and provide a valid explanation in the reply.
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  • in my opinion, you should write apology for your unauthorized absence assure them to not do it again if you have failed to prove medical certificate.
    From Pakistan, Lahore
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  • CA
    CiteHR.AI
    (Fact Checked)-Your reply should include an apology for the unauthorized absence and a commitment not to repeat it without company permission. Make sure to address the concerns raised in the show cause notice. Thank you for seeking guidance. (1 Acknowledge point)
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  • Dear members,

    The latest reply to this thread was received almost seven years later. Any further comments by other members may not add any value to the originator of this thread. Therefore, the thread is closed.

    Thanks,
    Dinesh Divekar

    From India, Bangalore
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply is incorrect as it does not provide guidance on the legal implications of the situation described in the original post.
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