regarding show cause notice to emplyee in punjab


I am working in a Public sector company and appointed in one of the office in Punjab. Last year one of my boss gave me an additional charge of other office which he was not authorized to do so because posting, transfer and additional charge of my Vacancy can only be done/given by Chief Officer at the Headoffice of our company. When I raise an objection regarding it. Then my boss issued Show cause notice to me within 2 days, without giving me enough time to give a reply. 1) My query is can a show-cause notice be issued without even taking a reply from me. 2) Can the show-cause notice be challenged on the ground that the boss is not authorized to give additional charge which means my order of additional Charge is Void? 3) Can I file a lawsuit against my boss and also claim Defamation. 4) What legal remedy should I seek under service matter?
 
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Student at Faculty of Law Banasthali Vidyapith Rajasthan.

Sir,

You can refer to https://www.lawyersclubindia.com/experts/show-cause-notice-600031.asp if you find anything relevant. Also, the only way to challenge a show-cause notice is under article 226 of the CoI. 

I would suggest that you approach a speciic legal counsel in this regard who has a speciality in dealing with cases like yours. However, I will try to reply again after doing a bit research for your issue, asap. 

Regards

Shreya

 
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thanks, what is the meaning of col

 
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Lawyer

Originally posted by : Rohit
I am working in a Public sector company and appointed in one of the office in Punjab. Last year one of my boss gave me an additional charge of other office which he was not authorized to do so because posting, transfer and additional charge of my Vacancy can only be done/given by Chief Officer at the Headoffice of our company. When I raise an objection regarding it. Then my boss issued Show cause notice to me within 2 days, without giving me enough time to give a reply.
1) My query is can a show-cause notice be issued without even taking a reply from me.
2) Can the show-cause notice be challenged on the ground that the boss is not authorized to give additional charge which means my order of additional Charge is Void?
3) Can I file a lawsuit against my boss and also claim Defamation.
4) What legal remedy should I seek under service matter?

1. You asked can a show-cause notice be issued without even taking a reply from me.

Ans: The very purpose of show cause notice is to seek your reply qua the allegation/charge levelled against you for consideration and take appropriate decision..  

2. Can the show-cause notice be challenged on the ground that the boss is not authorized to give additional charge which means my order of additional Charge is Void?

Ans: Before challanging authority of the boss you are expected and required to obey the orders. No person shall issue any such direction without proper authority, which may not be in your knowledge  Be sure before challanging authority.

3. Can I file a lawsuit against my boss and also claim Defamation.

Ans. Issuance of order for taking additional liability/ responsibility to a subordinate do not attract the provisions / law governing (either civil or criminal) defamation.

4) What legal remedy should I seek under service matter?

Ans:Reply to your question is premature.

It is better to take additional charge as directed by your boss, gather necessary information / policy qua authority of your senior and seek professional advise of a local prudent lawyer and proceed accordingly.


Total likes : 1 times

 
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Advocate

You may submit your reply/explanation to the Notice. Anything else amounts to overreaction.

Moreover, High Court are reluctant to entertain challenges against such Notices.

 
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LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER

Mr.Rohit, From the way in which you formed your queries, it appears that you are much disturbed about the additional charge entrusted to you! Before, dealing with your question, I am tempted to make few preliminary comments:- One surprises to see that at th start of career itself you seems to have preferred to revolt against your superiors! One must not forget the fact that in our country, very few people are lucky enough to get a job, that too, a PSU/Government job. Therefore, instead of showing rebellious attitude towards your superior, you should be rather grateful for being able to serve in a Public sector company and gladly accept additional responsibilities which may pave way for your brighter future in the company. Now coming to your queries, kindly note that show notice itself is the first step to elicit one's explanation before deciding further course of actions which will be decided after considering the explanation received, if any. Therefore, it would be wise for you to give your reply to the show cause notice within the time-frame or seek further time for the same. In the normal course, courts are reluctant to entertain challenge to show cause notice treating it as a premature cause. Assuming that your superior had no authority to entrust you additional charge (as has been stated by you), that itself is not a justifiable reason for you to disobey his orders. If your statement is true, then perhaps, you will have an additional ground as and when any disciplinary actions are taken against you pursuant to the show cause notice in question. However, it would not afford you a valid reason to flout the orders of your superior.
 
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Retired employee.

"Insubordination to reasonable orders of superior" amounts to gross misconduct. "  There must be a definite practice of temporarily giving charge to equal ranked official till such time the regular post is filled up.   This is in practice even in Courts, Governors and even ministers get an additional charge,  Mere showcase notice does not end, and you can just get the explanation drafted by a suitable expert and it may be good to close the chapter without precipitating the issue further on ego problems.  Peace of mind in employment must be the top priority and sometimes reasonable compromises with superiors on functioning of an organisation are essential.

 
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Thanks for some valuable legal advice from some professionals.
But there is personal advice also given, which I completely disagree with.
Firstly I am not a newcomer to this company, neither I have mentioned anything about it in my query.


Secondly, that I have been given extra charge, not within my office but the other office that is situated 15 kilometers away via pick and chooses method. Which I feel is on the basis of my Minority Category. 

I feel that the main problem in our country is a lack of knowledge about our rights. In such a situation it would be hard to see changes. If your employer is exploiting you and we must not sit and watch until the end even when we know it is against the provision. I don't think we should grateful for this type of Job. I am overly burdened in my office and already working for 3 vacant posts. I guess it would be completely unfair that we can not raise our voice on the wrong things. it is not about ego but about right. 
I personally feel here on this site we should only give professional advice instead of person advice.
I appreciate and thankful to all the experts who replied to my query.

 
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Lawyer

Mr. Rohit,

You are one of best employees of the organisation, only due to this reason additional duties have been assigned to you on pick and choose bais, as your boss has full faith in your work, loyality and sincerety. Additional work is assigned to the person who is capable to perform effectively and efficiently but not to all and sundry, which is very similar to a child at home.

Prima facie you are shirking your responsibilty, it is better to quit present job and join some where else.

If you are not interested in obligation of experts on this platform, do not waste your time and energy, leave it. However, we are devoting best of our expertise and knowledge to help needy litigants for a social cause, at the cost of our precious time and money. 

It would be better to consult a local professional lawyer for better appreciation of facts, professional guidance and necessary proceeding as you desire.

 

 
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Retired employee.

The following are your queries when entrusted with an additional charge by your superior and when show cause notice was issued on your refusal 

1) My query is can a show-cause notice be issued without even taking a reply from me

. 2) Can the show-cause notice be challenged on the ground that the boss is not authorized to give additional charge which means my order of additional Charge is Void?

3) Can I file a lawsuit against my boss and also claim Defamation.

4) What legal remedy should I seek under service matter?

To the responses of other members, in return could not satisfy you and you have closed the topic with following remarks

"I personally feel here on this site we should only give professional advice instead of person advice"
 

May be your knowledge and wisdom may help other members who are in the same position as you.  They will be obliged to know as to how you could solve your problem and get such guidance on your experience.

Please do post further developments and the professional manner in which you have tackled the issue of show cause notice without submitting explanation, the process which you have established that your superior's directions are void, and the defamatory action you have taken against your superior and other legal remedies you have availed against your superiors.

This will certainly enlighten even experts.

 
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