Regarding show cause notice Regarding show cause notice

2 months ago

Hello respected sir
I m working as a class 1 officer in Government. Now my question is that my head of department is prejudice against me and ask my superior boss to give me show cause notice without any specific reason.My head of department threatens tht if he will not issue show cause notice to me , head of department will take action against him and deteriorate my superior boss career. What shuold be done in this case in which truely based on prejudice notice has been issued to me.
How moral thing is correct in this case.

Anik

Responded 2 months ago

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A.Dear Client,

When issued a show cause notice based on biased grounds, it is essential to provide a thorough defense in your reply, substantiating the grounds for the notice's issuance and highlighting any violation of service rules and the principles of natural justice with the intent to victimize. If the issuing authority acknowledges the merit in your response, they may dismiss further proceedings or proceed with a departmental inquiry. In the latter case, you have the opportunity to present your case before the inquiry committee. If, despite your efforts, charges are proven and punitive action is taken, you have the right to escalate the matter to the State Administrative Tribunal (SAT) or Central Administrative Tribunal (CAT) to challenge the authority's action. Seek guidance from a legal professional specializing in SAT/CAT matters for proper steps and assistance.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
When a show cause notice is issued on prejudicial grounds, you should defend your case in your explanation/reply to show cause proving the fact behind the issue of show cause notice that violates the service rules of the establishment and the principle of natural justice to victimise you with ulterior motives. If the show cause issuing authority finds merit in your explanation to show cause then they can either drop the further proceedings against the show cause or may initiate a departmental inquiry into the show cause. You will be allowed to defend your case in the right way before the inquiry committee and despite your best efforts if the charges are proven against you and punitive action is taken against you, you may escalate your grievance before the State Administrative Tribunal(SAT)/CAT challenging the action of the concerned authority. Reach out to an Advocate handling SAT/CAT matters for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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