Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Permissibility of Penalty of Dismissal During Second Show Cause Notice - Several judicial precedents clarify that issuing a second show cause notice with a proposal for dismissal or major penalty is permissible, provided it is done in accordance with law and the principles of natural justice. The key is whether the disciplinary authority has demonstrated an open mind and provided a fair opportunity to the delinquent to respond.
Predetermination and Bias Concerns - Many cases emphasize that if the second show cause notice is issued only as a formality after the disciplinary authority has already made up its mind to impose a severe penalty such as dismissal, it vitiates the proceedings. For instance, a second show-cause notice was issued calling upon the petitioner to show cause why the penalty of dismissal should not be imposed but if the authority had already concurred with the enquiry report and reached a conclusion, such issuance would be improper ["Ajit Bezbaruah, Ex Constable No. 48, S/o. Rajen Bezbaruah VS State of Assam, Rep. by the Commissioner and Secretary, Deptt. of Home, Dispur - Gauhati"]. Similarly, the disciplinary authority had stated that the findings of the Enquiry Officer were already concurred with before the second show cause, indicating predetermination ["Ajit Bezbaruah, Ex Constable No. 48, S/o. Rajen Bezbaruah VS State of Assam, Rep. by the Commissioner and Secretary, Deptt. of Home, Dispur - Gauhati"].
Lawful Issuance of Second Show Cause Notice - The law permits issuing a second show cause notice to afford an opportunity to rebut findings or proposed penalties, especially when the initial inquiry or charges are contested. The objective of such second show-cause is to give the delinquent an opportunity to persuade the disciplinary authority not to accept the views of the Enquiry Officer which are against the delinquent ["Faizur Rahman S/o- Late Eyar Mahmud VS State Of Assam - Gauhati"]. However, if the disciplinary authority's stance is already fixed, the process is invalid.
Discretion and Proper Procedure - The courts have held that the second show cause notice must be issued after the authority has formed a tentative opinion and must not be issued when the authority has already decided to impose a penalty. If such Show Cause Notice is issued only as a formality when the Disciplinary Authority had already made up its mind, the outcome would be vitiated ["Babul Hussain, S/o. Md. Sahabuddin Ahmed VS State of Assam, Rep. by the Commissioner and Secretary to the Govt. of Assam, Home Department - Gauhati"]. Further, the notice should clearly state the reasons for disagreement with the inquiry findings, and the authority must genuinely consider the reply.
Jurisdiction and Authority to Issue Notice - The issuance of the second show cause notice must be by the competent disciplinary authority. The Deputy Secretary, who is neither the disciplinary authority nor the appointing authority, issued notice which was held to be improper ["Turiya Oraon VS State of Jharkhand through the Secretary / Principal Secretary, Road Construction Department, Ranchi - Jharkhand"]. Proper authority must issue the notice, and procedural lapses, such as issuing notice without jurisdiction, invalidate the proceedings.
Conclusion - Imposing a penalty of dismissal during the issuance of a second show cause notice is permissible if the process is fair, the authority has not predetermined the outcome, and the notice is issued by the competent authority after providing a genuine opportunity to the delinquent to respond. Any indication that the authority had already decided on the penalty before issuing the second notice renders the process unlawful ["Ajit Bezbaruah, Ex Constable No. 48, S/o. Rajen Bezbaruah VS State of Assam, Rep. by the Commissioner and Secretary, Deptt. of Home, Dispur - Gauhati"], ["Babul Hussain, S/o. Md. Sahabuddin Ahmed VS State of Assam, Rep. by the Commissioner and Secretary to the Govt. of Assam, Home Department - Gauhati"].
References:- ["Ajit Bezbaruah, Ex Constable No. 48, S/o. Rajen Bezbaruah VS State of Assam, Rep. by the Commissioner and Secretary, Deptt. of Home, Dispur - Gauhati"]- ["M. Ramkumar VS Director, Tamil Nadu Fire & Rescue Services, Chennai - Madras"]- ["Faizur Rahman S/o- Late Eyar Mahmud VS State Of Assam - Gauhati"]- ["Dharm Dev Maurya vs State of UP - Allahabad"]- ["UBC/102 Dilip Gogoi, S/o. Lt. Lalit Gogoi VS State Of Assam, Represented By The Commissioner And Secretary Govt. Of Assam, Home, Department - Gauhati"]- ["Dilip Gogoi VS State of Assam - Gauhati"]- ["Babul Hussain, S/o. Md. Sahabuddin Ahmed VS State of Assam, Rep. by the Commissioner and Secretary to the Govt. of Assam, Home Department - Gauhati"]- ["Sujit Kumar Jha VS State of Bihar - Patna"]- ["Joydeep Kumar Singha, S/o. Sri Prodip Kumar Singha VS State Of Assam, Represented By The Commissioner And Secretary To The Govt. Of Assam (Department Of Home), Dispur, Assam - Gauhati"]- ["State of Jharkhand VS Rampati Yadav S/o Late Somar Yadav - Jharkhand"]- ["B. Govindaswamy VS Inspector General of Police, Law and Order, Chennai & Others - Madras"]- ["Vijay Kumar VS Pepsu Road Transport Corporation - Punjab and Haryana"]- ["State Of Punjab VS C. Satpal Singh - Supreme Court"]- ["Deep Narzary, S/o. Late Mohini Mohan Narzary VS State of Assam - Gauhati"]- ["MONORANJAN DAS VS COMMISSIONER, PRESIDENCY DIVISION - Calcutta"]- ["Turiya Oraon VS State of Jharkhand through the Secretary / Principal Secretary, Road Construction Department, Ranchi - Jharkhand"]
In the realm of employment and service law, disciplinary proceedings against employees—particularly in government or public sector organizations—must strictly adhere to principles of natural justice. A common query arises: the disciplinary authority has imposed penalty of dismissal while issuing the second show cause notice. Whether it is permissible?
This question touches on critical procedural safeguards designed to ensure fairness. Typically, issuing a second show cause notice (SCN) after an enquiry report is a step to give the employee an opportunity to respond to proposed penalties. However, imposing the penalty simultaneously or with a preconceived notion can undermine the process. This blog post explores the legal standards, judicial precedents, and practical implications, drawing from established case laws and rules like the Assam Services (Discipline and Appeal) Rules, 1964. Note: This is general information and not specific legal advice. Consult a qualified lawyer for your case.
Disciplinary actions are quasi-judicial processes requiring impartiality and fairness. Key principles include:
In these circumstances, a learned Judge of the Calcutta High Court in the aforesaid case held as under: "It is true that in the instant case a second show-cause notice was issued calling upon the petitioner to show cause why the penalty of dismissal should not be imposed upon him ... In the present case, not only in the second stage, where the second show-cause ....
justice, fully losing confidence as to the possibility of the petitioner getting an effective opportunity to rebut the allegations in the show cause notice, before the disciplinary authorities. ... In the instant case from the underlined portion of the show cause notice it is clear that the third respondent has demonstrated a totally close mind at the stage of show cause notice itself.” 11. ... Relying on the under....
With regard to the second show-cause notice, the entire objective of such second show-cause is to give the delinquent an opportunity to persuade the disciplinary authority not to accept the views of the Enquiry Officer which are against the delinquent. ... The Disciplinary Authority exonerated two other constables, but imposed the punishment of dismissal from se....
From the perusal of the order impugned dated 03.12.2020, it does not transpire that the disciplinary authority proposed to disagree with the findings reached by the inquiry officer while issuing a show cause notice or while taking final decision. ... cause notice. ... He contends further that according to government order five marks could be deducted only for the warning issued but with a prior show cause #HL_START....
that the said penalties were not considered independently by the disciplinary authority for imposition of the penalty of dismissal from service in respect of the petitioner for the allegations as levelled against him vide the Show Cause Notice, dated 05.01.2009, but, the same was so taken into consideration ... Saikia, learned senior counsel, that the penalty as imposed upon the petitioner is grossly disproportionate to the allegati....
that the said penalties were not considered independently by the disciplinary authority for imposition of the penalty of dismissal from service in respect of the petitioner for the allegations as levelled against him vide the Show Cause Notice, dated 05.01.2009, but, the same was so taken into consideration ... Saikia, learned senior counsel, that the penalty as imposed upon the petitioner is grossly disproportionate to the allegati....
The next question is whether the show-cause notice is valid in law. ... However, taking into consideration the nature of charges, the respondent authorities if so advised, may proceed from the stage of issuing the second Show-Cause Notice against the petitioner in accordance with law. ... Since the disciplinary authority has said that it has agreed partly to that charge, the provisional conclusion....
In the case of Babulal Das (supra), this Court had explained the meaning and purport of a second Show Cause Notice and has also laid down that if such Show Cause Notice is issued only as a formality when the Disciplinary Authority had already made up its mind, the outcome would be vitiated. ... With regard to the second show cause notice dated 24.04.2012 by whic....
However, the disciplinary authority disagreeing with the finding of the Enquiry Officer issued a second show-cause notice dated 26.05.2022 directing the petitioner to file reply to the same. ... Learned counsel for the petitioner submits that the disciplinary authority without considering the materials available on the record has came to the conclusion while issuing second show cause#HL_....
A copy of the said findings of departmental proceedings was also enclosed to the said show cause notice. 16. The record reveals that the petitioner did not reply to the second show cause notice. ... If the punishment imposed on the delinquent employee is such that shocks the conscience of the High Court or the Tribunal, then the Disciplinary/Appellate Authority may be called upon to re-consider the penal....
It was further stated that the disciplinary authority was satisfied with the enquiry and the findings was accepted. As stated above, the departmental appeal dated 31.07.2014 was also rejected by the appellate authority vide order dated 28.11.2014. The petitioner had submitted his response to the second Show Cause Notice on 02.04.2014 and after consideration of the same, the disciplinary authority imposed penalty of dismissal from service. It is the order of penalty of the disciplinary authority and the confirmation order of the appellate authority which are the subject matt....
The Enquiry Officer by following a fair procedure submitted a report to the disciplinary authority. The disciplinary authority issued second show cause notice to the first respondent and thereafter, imposed the punishment of dismissal from service. The first respondent raised an industrial dispute before the Labour Court at Cuddalore.
The petitioner has availed the remedy of appeal by filing an appeal before the standing committee of the Orissa high court, the committee after hearing him, has passed an order affirming the order of the disciplinary authority. It has been submitted that there is no illegality in the order of dismissal, rather all procedure, as has been laid down under the law, has been followed and thereafter considering the gravity of the offence, the order of dismissal has been passed. The disciplinary authority has accepted the enquiry report, issued second show cause notice and after consideri....
4. The disciplinary authority accepted the inquiry finding and issued the 2nd show cause notice proposing the penalty of dismissal. In his reply dated 21.11.2006, the petitioner applied for leniency by projecting that he cooperated with the disciplinary proceeding and that he secured his initial appointment with the Corporation on merit after due selection as a general category candidate. However through the order dated 18.12.2006 (Annexure-XVIII), the disciplinary authority ordered for dismissal of service under Clause 39(ii)(d) of the Standing Order for the Namrup Unit of....
Furthermore, I find that petitioner was not provided fair opportunity to defend himself as no notice was sent to him. An Enquiry officer can possibly complete enquiry in some cases within a short time, but prior to that he has to ensure as to due service of notice on the delinquent, unless and until he is convinced that receipt of notice is being deliberately avoided for delaying the matter. In the instant case, I further find that the disciplinary authority while issuing second show cause notice dated 15.9.2007 had prejudged the issue and decided to impose punishment of dismissal.....
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