Show cause notice

Raja (Querist) 11 November 2011 This query is : Resolved
Whether an employee can be suspended without issuing Show Cause Notice? Whether it is a violation of Natural Justice? Whether Second Show Cause notice is necessary before imposing punishment? Whether an official note in the Office Note Sheet enquiring about the matter be treated as show cause?

Follow Query

Report Abuse

Sankaranarayanan (Expert) 11 November 2011
without proper reason no employor have no right to either suspend or dismiss the employee. If any defoult been found by inquiry then with the notice they can suspend him or them.

Piyush Vaishnava (Expert) 11 November 2011
yes, i do agreed expert query reply

Raja (Querist) 11 November 2011
is there is any specific law or judgement against your answer?

prabhakar singh (Expert) 11 November 2011
The order of suspension is not treated as punishment,that is why it can be passed with out SHOW CAUSE.

Guest (Expert) 11 November 2011
Suspension if not treated as a punishment in the Certified Standing Orders or the Disciplinary Rules of an organisation, there is no need to serve a prior notice to employee. Suspension is normally resorted to when an offence is of serious nature and it is considered necessary to restrict the employee to have access to the official records to avoid tampering with the official records on his part to destroy any proof against him.

On the other hand, punishment cannot be imposed on any employee without serving him with prior show cause/ charge sheet so that he may be given an opportunity to clear or defend his position.

Sankaranarayanan (Expert) 11 November 2011
Yes suspension is one more chance to prove his reputation and innocent , if it

Raja (Querist) 11 November 2011
Mr Sankar, please follow Prabhakar Sir and Dhingra Sir. This is the answer. You are roaming around.

Nadeem Qureshi (Expert) 11 November 2011
Dear Mr. Raja
i think you ask the question if you know about the answer and very well know about the law too and also know that Mr. Prabhakar and Mr. Dhingra's reply is right then it was not neccesery to tell about your knowledge to Mr. shankar, its Mr. Shankar's Opinion and you are not bound to follow him. dont take otherwise but it is not good.

Raja (Querist) 11 November 2011
Mr Nadeem, I didn't really mean to hurt anybody, but the unhealthy comments forced me to comment alike.

Raja (Querist) 11 November 2011
The Expert column is ment for specific, skilful and experienced comments on the topic.

Rajeev Kumar (Expert) 11 November 2011
I agree with Mr.Prabhakar and Dhingra

H. S. Thukral (Expert) 12 November 2011
suspension can be resorted to without show cause notice. But there should not be delay in informing him of charges against him.