Show cause notice implies an order issued by a Court, Competent Authorities or an Organization asking an individual or a group of individuals to explain or to “show cause” in writing concerning why the disciplinary action ought not to be made against the individual or the group of individuals engaged in specific incidents, offence, poor execution, and any wrongdoing. 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.
Below, there is a description of the few reasons a man may get a show-cause notice, including how to compose and respond to this sort of notice or letter.
Inside a legal context, the court can issue a show-cause order that requires a party present before the court for clarification of why a specific course of action ought not to be started against that party.
For instance, if the due procedure was not pursued while filing a complaint, the court may issue a show-cause notice, to the investigating authority and attorney with respect to the same. The court will then lead a show cause hearing, where the investigating authority and the lawyer should bring the evidence and proof and present all the facts and figure to clarify the court that why the due course of action was not pursued. On the off chance that the attorney fails to show up or if the clarification is feeble the court may dismiss that case or issue the order to re-open the case and may request further investigation and appeal and proceed with the hearing.
Read Also – Sending Legal Notice : Format and Procedure
Another instance would be in an academic or educational; setting. On the off chance that college authorities suspect any student of malpractice or some gross misconduct or infringement of college rules, a show-cause letter might be issued asking the student to disclose to the concerned authorities why disciplinary action ought not to be made against him/her. At the point when a student gets a show-cause notice, it implies that the college has officially chosen his/her punishment yet is giving the student the last chance to respond and avoid being punished.
An order to show cause can be utilized by businesses/employers if there are authentic grounds to fire an employee. These might be because of an employee’s continuous negligent conduct, carelessness at work or poor execution issues. Or on the other hand in light of the fact that the negligent and unsatisfactory conduct was serious nature, as on account of the assault, harassment or robbery. Indeed, even after they have gotten counselling, if the conduct still persists an employer may issue a show-cause notice to an employee in regards to imminent punishment.
Read Also – Doctrine of Constructive Notice
Writing a show-cause notice
It is never simple to compose Show cause notice since you realize it will cause someone else a lot of distress. The show-cause notice or a letter ought to be extremely basic and brief. It is imperative to mention the particular reason and state why the individual is receiving the notice and state plainly what are the outcomes of not answering to the notice. The notice ought to be addressed to the concerned individual only and it is advised to include the employee’s code number too to avoid any sort of duplicity or confusion. The sort of notice can be given by hand and furthermore sent to their residence and the receipt ought to be kept in record for further reference.
When a man gets an order to show cause it must be given the highest priority and should be considered important, in light of the fact that it might simply be the only opportunity to avoid expulsion or even criminal accusations. The show-cause notice must be replied with clarification at the earliest opportunity. Keep it brief and guarantee your employer that you know about the gravity of the circumstance and will respond in likewise manner.
Format of a show-cause notice
Show Cause Notice
SHOW CAUSE NOTICE
It has been reported that you introduced Mr., S/O ________________ R/O ________________ for loan for the purpose of crops and the loan amount was Rs. __________/- for the season dated________. On your initiations, crop loan of Rs. ___________/- was granted and cheque was given on dated_________. When the loan amount was not paid back by him and the loan amount became outstanding, then one of our field staff after verification found that no cane was cultivated in his area. On further investigation, it is found that the cheque was deposited in the Dist Co-Operative Central Bank Limited, Medak on dated________. It was found that you have endorsed on withdrawal form of the bank, which was in the name of Mr. and received the amount of Rs. ________/-. It clearly shows that you have acted with an ulterior motive for a wrongful gain. Therefore you have created the company and caused loss to the company. Your above acts amount to misconduct under the Model Standing Orders applicable to you.
Hence you are hereby called upon your explanation within three (3) days from the date of receipt of this notice, why appropriate disciplinary action cannot be taken against you for your misconducts, In case no reply is received within the stipulated time strict action will be taken against you it will be presumed that you have no explanation to submit and further action will be initiated against you.
Dy. General Manager (Process)
Cc: 1. General Manager, Place _______
2. President, Place ________