A Show Cause notice was issued to me detailing the penalty to be imposed on me. After some days I received my "Penalty Advice" mentioning the same penalty as found in the Show Cause Notice. Is it correct to mention the punishment in the show cause notice?
A showcause notice is a notice issued to an employee to show cause why action should not be taken against the alleged charges/misconduct and the charges should be specific. its only the "framing of charges" and other things should not be there.
Thank You Shri.Badrinath.I had sought the CAT judgments regarding this issue.If you or others could help me in getting me the Judgments pertaining to the issue, it would help me a lot in fighting my case.
When the disciplinary authority had formed an opinion in the show cause notice itself, it’s quite natural for the disciplinary authority to reproduce the same punishment in the penalty advice, even if the explanation tendered by the delinquent official is satisfactory.
Will it not be proper for the disciplinary authority, as mentioned by Shri.Badrinath, to just say that “Show cause as to why action can’t be taken against you” instead of mentioning the actual punishment proposed to be inflicted on the delinquent official. Normally the disciplinary authority, being the same, for “Show Cause Notice” and “Penalty Advice” will not change his stand.
When a punishment to be meted out is observed in the show cause notice itself and the same is carried out in the penalty advice, what difference does it make between the two?