Thanks to all my Seniors and HR Consultants for your valuable reply and guidance.
Here I wish to further inform you all that the concerned employee was made Scapegoat to save other responsible Superior Officers and was Severely Punished after Charge Sheet followed with Show Cause Notice on the basis of the information's given to Higher Authorities Wrongly, Deceivingly and Fraudulently and after Individual Departmental Enquiry but jointly with other employees of a Semi Government Organisation on common but different individual departmental responsibilities Ground against about 15 employees of different posts of different department in One Common Matter.
The concerned employee is Severely Punished on the basis of Baseless Imaginary Framed Charge Sheet, Show Cause Notice and after Conducting One Sided Departmental Enquiry which has NO Concrete Evidence against the said employees.
The concerned employee had approached Honorable High Court with Writ Petition but he could get minor relief because the Honorable High Court considered to convert his punishment similar to the other employee punishment and did not conduct the matter on merits.
Thereafter he had again approached Honorable High Court with 2nd Writ Petition followed with Petition in Honorable Supreme Court but he could not get any relief anywhere hence all doors to any Court are closed.
But recently he understood that if there is a Fraud Case against the Employer in that case there is no time limit for the employee to approach suitable authority for justice.
In view of this the employee started seeking various information's from the Employer through RTI Applications but in reply in RTI Orders the PIO have not revealed the facts and knowingly determined Extrinsic and Constructive Fraud, committed willful attempt of criminal offense and breach of his legal duty and employed to keep the employee from exercising right by hiding evidence by means of giving justifiable untrue, false statement and fraudulent pretences to deceive, mislead and causing mental and legal injury to employee by not revealing the fact which PIO has a duty to communicate as a result with intent to deprive employee of his legal right and causing great injustice to employee by not disclosing the facts for the benefits of other Government Official, when it is PIO's duty to disclose the facts but while passing RTI Orders the PIO has furnished the information Wrongly, Deceivingly and Fraudulently that does not reveal the information sought by employee resulting denying to supply the required certified copies asked for vide his RTI Applications.
Now the employee is ready for 1st and 2nd appeal with RTI Authorities.
The employee has sufficient suitable documents and evidences to show that the fraud was committed by the authorities in his case.
Anyway now the employee seeks all of your valuable advice and guidance to take next step correctly to get justice.
Can he lodge a police complaint against the responsible person who took action against him. before going legally?
Hope to get all of your valuable advice and guidance.
Thanking you in anticipation.
Ashok Gupta
From India, Mumbai
1Here I wish to further inform you all that the concerned employee was made Scapegoat to save other responsible Superior Officers and was Severely Punished after Charge Sheet followed with Show Cause Notice on the basis of the information's given to Higher Authorities Wrongly, Deceivingly and Fraudulently and after Individual Departmental Enquiry but jointly with other employees of a Semi Government Organisation on common but different individual departmental responsibilities Ground against about 15 employees of different posts of different department in One Common Matter.
The concerned employee is Severely Punished on the basis of Baseless Imaginary Framed Charge Sheet, Show Cause Notice and after Conducting One Sided Departmental Enquiry which has NO Concrete Evidence against the said employees.
The concerned employee had approached Honorable High Court with Writ Petition but he could get minor relief because the Honorable High Court considered to convert his punishment similar to the other employee punishment and did not conduct the matter on merits.
Thereafter he had again approached Honorable High Court with 2nd Writ Petition followed with Petition in Honorable Supreme Court but he could not get any relief anywhere hence all doors to any Court are closed.
But recently he understood that if there is a Fraud Case against the Employer in that case there is no time limit for the employee to approach suitable authority for justice.
In view of this the employee started seeking various information's from the Employer through RTI Applications but in reply in RTI Orders the PIO have not revealed the facts and knowingly determined Extrinsic and Constructive Fraud, committed willful attempt of criminal offense and breach of his legal duty and employed to keep the employee from exercising right by hiding evidence by means of giving justifiable untrue, false statement and fraudulent pretences to deceive, mislead and causing mental and legal injury to employee by not revealing the fact which PIO has a duty to communicate as a result with intent to deprive employee of his legal right and causing great injustice to employee by not disclosing the facts for the benefits of other Government Official, when it is PIO's duty to disclose the facts but while passing RTI Orders the PIO has furnished the information Wrongly, Deceivingly and Fraudulently that does not reveal the information sought by employee resulting denying to supply the required certified copies asked for vide his RTI Applications.
Now the employee is ready for 1st and 2nd appeal with RTI Authorities.
The employee has sufficient suitable documents and evidences to show that the fraud was committed by the authorities in his case.
Anyway now the employee seeks all of your valuable advice and guidance to take next step correctly to get justice.
Can he lodge a police complaint against the responsible person who took action against him. before going legally?
Hope to get all of your valuable advice and guidance.
Thanking you in anticipation.
Ashok Gupta
From India, Mumbai
Dear Member
To it simply :-
Show Cause is a letter which has no legal implications and just asks for an explanation of an act from the employee. No enquiry can be initiated based only on the show cause notice. "There is no provision in law to issue a show cause notice before enquiry / chargesheet".
Charge Sheet is a letter which has legal implications , accuses the employee of certain misconducts and has reference to rules applicable to them (Normally the standing orders or terms of appointment letter). An explanation may be sought or even a direct enquiry can be initiated.
Warning is a punishment of mild nature and needs no explanation.
Regards
Preetam Deshpande
From India, Mumbai
To it simply :-
Show Cause is a letter which has no legal implications and just asks for an explanation of an act from the employee. No enquiry can be initiated based only on the show cause notice. "There is no provision in law to issue a show cause notice before enquiry / chargesheet".
Charge Sheet is a letter which has legal implications , accuses the employee of certain misconducts and has reference to rules applicable to them (Normally the standing orders or terms of appointment letter). An explanation may be sought or even a direct enquiry can be initiated.
Warning is a punishment of mild nature and needs no explanation.
Regards
Preetam Deshpande
From India, Mumbai
Dear Ashok;
The matter has taken a twist now after your detailed report. What I feel is that we should keep employment and non-employment matters separate. If there is alleged fraud on the part of employee, it will have to be proved by management. If it is a group fraud and the employee is involved in it knowingly or unknowingly and derived any profit from it, then he is also responsible for it and deserves punishment. The employee cannot take a stand that others are guilty why they need not be punished? Employee is guilty and needs punishment.
Now if management is singling out that employee and singling him out and taking against him only then the management can succeed in taking action but will poorly fail in its relations with other employees. If other employees are sane, they will resent, quit and will be careful in further dealings with management. If the other employees remain aloof, they will suffer in future like this employee. If other employees are also fraudulant, entire organisation will suffer in the long run.
As for the employee, once action is taken against him, he is free to approach civil court for remedy against the management staff who were involved in the fraud. Employee has civil rights, if anybody is invading his character, he can certainly defend himself and counter act. He includes she.
Vibhakar Ramtirthkar.
From India, Pune
The matter has taken a twist now after your detailed report. What I feel is that we should keep employment and non-employment matters separate. If there is alleged fraud on the part of employee, it will have to be proved by management. If it is a group fraud and the employee is involved in it knowingly or unknowingly and derived any profit from it, then he is also responsible for it and deserves punishment. The employee cannot take a stand that others are guilty why they need not be punished? Employee is guilty and needs punishment.
Now if management is singling out that employee and singling him out and taking against him only then the management can succeed in taking action but will poorly fail in its relations with other employees. If other employees are sane, they will resent, quit and will be careful in further dealings with management. If the other employees remain aloof, they will suffer in future like this employee. If other employees are also fraudulant, entire organisation will suffer in the long run.
As for the employee, once action is taken against him, he is free to approach civil court for remedy against the management staff who were involved in the fraud. Employee has civil rights, if anybody is invading his character, he can certainly defend himself and counter act. He includes she.
Vibhakar Ramtirthkar.
From India, Pune
Thanks Dear Vibhakar Ramtirthkar for your valuable and correct advice.
Here I want to point out that the management has not caught anybody red-handed in any fraud by any employee against management and there is no fraud on the part of any employee.
The management took action against about 15 employees of different posts of different department carrying different responsibility in One Common Matter of indirect loss to the management.
The management has conducted the matter individually and given minor punishment to few employees, except the said employee.
The said employee was made Scapegoat to save others and to show that some action is taken by management in the matter.
Without having any full proof evidence against the said employee and on the basis of oral and imaginary information's given to the Authorities, the Suspension Order and Charge Sheet are issued Wrongly, Deceivingly and Fraudulently to the said employee.
Now the said employee is willing to file a fraud case against the responsible authorities and management but the point is, whether the employee can lodge a police complaint against the responsible authorities before going to the court.
The employee do not worry for the relations with management in future as he is already retired.
From India, Mumbai
Here I want to point out that the management has not caught anybody red-handed in any fraud by any employee against management and there is no fraud on the part of any employee.
The management took action against about 15 employees of different posts of different department carrying different responsibility in One Common Matter of indirect loss to the management.
The management has conducted the matter individually and given minor punishment to few employees, except the said employee.
The said employee was made Scapegoat to save others and to show that some action is taken by management in the matter.
Without having any full proof evidence against the said employee and on the basis of oral and imaginary information's given to the Authorities, the Suspension Order and Charge Sheet are issued Wrongly, Deceivingly and Fraudulently to the said employee.
Now the said employee is willing to file a fraud case against the responsible authorities and management but the point is, whether the employee can lodge a police complaint against the responsible authorities before going to the court.
The employee do not worry for the relations with management in future as he is already retired.
From India, Mumbai
Dear Ashok;
It is obvious that concerned employee has become fearless after retirement. He is hurt because he was made scapegoat. That employee has civil and criminal remedies unless the remedies are mutually exclusive specifically. If criminal case cannot be made, police will not register his complaint. Even if police register the complaint, it is only first step. Nothing happens before investigation by police. Then also accused, in this case the management staff, gets opportunity to defend.
But things have come to this stage is the failure of management staff. The case was not handled properly. Even now, time has not gone. Concerned parties can be called, discussions held and matter settled or compromised. Try it.
Vibhakar Ramtirthkar.
9371001906
HR Consultant, Pune.
From India, Pune
It is obvious that concerned employee has become fearless after retirement. He is hurt because he was made scapegoat. That employee has civil and criminal remedies unless the remedies are mutually exclusive specifically. If criminal case cannot be made, police will not register his complaint. Even if police register the complaint, it is only first step. Nothing happens before investigation by police. Then also accused, in this case the management staff, gets opportunity to defend.
But things have come to this stage is the failure of management staff. The case was not handled properly. Even now, time has not gone. Concerned parties can be called, discussions held and matter settled or compromised. Try it.
Vibhakar Ramtirthkar.
9371001906
HR Consultant, Pune.
From India, Pune
Sir, I have been given a warning / advice before deciding the show cause notice and it is detailed below.
MEMORANDUM
"with reference to his application dated ....... regarding withdrawal of show cause notice, he informed that his request has been considered by the competent authority, but could not acceded to. He is further advised not to repeat such occurrence and be careful in future."
In fact I knew that the show cause notice had been given wrongly because no fact was concealed by me while applied some relief. I furnished the detailed reply to my employer and requested him to withdraw the show cause notice.
From the wording of the memorandum issued to me it is clear that the show cause notice is yet to decide and the advice / warning has been given merely on the basis of my request to withdraw the show cause notice. Is it a violation of any Employee Conduct Service Rule. Please comment whether the advice / warning detailed above is a black spot on my carrier. How, I should proceed further. Please help me.
From India, Gohana
MEMORANDUM
"with reference to his application dated ....... regarding withdrawal of show cause notice, he informed that his request has been considered by the competent authority, but could not acceded to. He is further advised not to repeat such occurrence and be careful in future."
In fact I knew that the show cause notice had been given wrongly because no fact was concealed by me while applied some relief. I furnished the detailed reply to my employer and requested him to withdraw the show cause notice.
From the wording of the memorandum issued to me it is clear that the show cause notice is yet to decide and the advice / warning has been given merely on the basis of my request to withdraw the show cause notice. Is it a violation of any Employee Conduct Service Rule. Please comment whether the advice / warning detailed above is a black spot on my carrier. How, I should proceed further. Please help me.
From India, Gohana
Show cause notice - is a notice/letter given to a person involved in an indiscipline incident to explain the cause - sort of a fact finding initiative.
Charge sheet - is the notice where you charge a person with allegations of misconduct which will detail the charges levelled against an employee and the misconduct clause of the standing orders/service rules.
Warning letter - is the closure of the disciplinary action initiated.
In practice, in the show cause notice itself charges alleged are detailed and it is sort of show cause notice -cum- charge sheet.
When the misconduct alleged is very serious and permitting the person involved in the incident to continue with working will jeopardise the disciplinary proceedings, the person is kept under suspension pending enquiry and followed with detailed charge sheet.
The five ingrediants that is must for a show cause notice/charge sheet are: The name of the person charged; the details of the incident with exact date and time - there should be no ambiguity; the misconduct alleged and the misconduct clause under which the allegation is made; opportunity for the person charged to explian with a time frame within which it has to be submitted and the notice must be signed by the disciplinary authority only. Normally the authority which is issuing the employment/appoinment letter is the disciplinary action.
The show cause notice/charge sheet should not talk about punishment proposed. The punishment proposed has to be given only in the second show cause notice which is issued after the domestic enquiry is completed and the charges are proved in the said domestic enquiry.
rameshbg, hosur
From India, Vellore
Charge sheet - is the notice where you charge a person with allegations of misconduct which will detail the charges levelled against an employee and the misconduct clause of the standing orders/service rules.
Warning letter - is the closure of the disciplinary action initiated.
In practice, in the show cause notice itself charges alleged are detailed and it is sort of show cause notice -cum- charge sheet.
When the misconduct alleged is very serious and permitting the person involved in the incident to continue with working will jeopardise the disciplinary proceedings, the person is kept under suspension pending enquiry and followed with detailed charge sheet.
The five ingrediants that is must for a show cause notice/charge sheet are: The name of the person charged; the details of the incident with exact date and time - there should be no ambiguity; the misconduct alleged and the misconduct clause under which the allegation is made; opportunity for the person charged to explian with a time frame within which it has to be submitted and the notice must be signed by the disciplinary authority only. Normally the authority which is issuing the employment/appoinment letter is the disciplinary action.
The show cause notice/charge sheet should not talk about punishment proposed. The punishment proposed has to be given only in the second show cause notice which is issued after the domestic enquiry is completed and the charges are proved in the said domestic enquiry.
rameshbg, hosur
From India, Vellore
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WARNING LETTER FOR ABSENCE.doc