I have Attached Show Cause Notice
A. Show Cause Notice
I) Show cause notice for all types of misconduct
You have been working as ________________ in the department/ section/ branch/ unit/ shift since _______________
(Please write the charges in detail)
Note : Please refer to the Narration of Incidents given below for a detailed list of misconducts
The aforesaid acts and/ or omissions amount to misconduct under the Model Standing Orders / Certified Standing Orders/ Rules/ Regulations applicable to you and you are hereby called upon to explain within 48 hours on receipt hereof, as to why action should not be taken against you. In the event we do not hear from you within the above mentioned period, it shall be presumed that you have no explanation to offer and the matter will be dealt with as per law.
Signature of Competent Authority
II) Narration of Incidents
I) Unauthorisedly remaining absent
It has been found from the attendence records that you have been unauthorisedly remaining absent from duty. The details of your unauthorized absence for the period from ___________ to ___________ are given as follows :
Total Number of days absent in the month
|TOTAL DAYS ABSENT||XXX|
The above dates of absence by you are in addition to the leave availed by you for the said period by way of Privilege Leave, Sick Leave, Casual Leave etc. as well as the weekly holidays.A letter in this regard dated __ was sent to you by the Personnel Department of the company, asking for explanation on your part but till date you have not submitted any reply nor did we hear anything from you in respect of this unauthorised absence.
II) Refusing to comply with transfer order
As per the terms of your contract of service and service conditions /letter of appointment /settlement/ rules /regulations and due to administrative exigencies, you are liable to be transferred periodically. Transfer order no. _________ was accordingly issued to you on (date) transferring you from your present place of posting at __________ to __________ w.e.f. ____________. You however failed to comply with the said transfer order and did not report for duty at the place of transfer as directed by the management. Upon the management asking you for an explanation for your failure to do so, by its letter dated __________, you have failed to reply and not provided any explanation.
III) Theft of goods
On __________ (date) you were employed in the second shift from ___________ to ____________ (time). At ___________ (time) when you were leaving the premises after your shift was over, the watchman while conducting your search found certain items of raw material/finished products (give description, quantity, details of the goods) belonging to the company concealed in your trouser pockets and you were unable to give any explanation when asked by your supervisor. Panchnama of seized goods was taken in your presence.
IV) Misappropriation – false leave travel concessoin, medical bills, travel. reimbursement
On ___________ you falsely claimed reimbursement of medical bills and traveling allowance amounting to Rs. __________. On _________ (date) you had made an application to the personnel department for reimbursement of medical bills totalling Rs. _________ for medical tests viz. MRI scan, blood test and ECG with appended receipts in the name of your wife. However on inquiry it was found that the person who had in fact undergone the tests was not your wife and personal details in the vouchers also are different from those of your wife in the records. You have told your supervisor that the tests were in fact taken by a second cousin of yours but since the company provided for reimbursement of medical expenses only of employee and immediate family and not distant relatives you had got the bills made in the name of your wife.
You have also claimed reimbursement of traveling expenses of Rs. _________ on the basis of vouchers which on careful examination have proved to be forged.
V) Disorderly behaviour – assault, abuse, slogan shouting
On _______ (date) your shift commenced at _______ (time) but you reported for duty very late at _________ (time). On reaching your work place the supervisor Mr. ___________ reprimanded you for coming late and then informed you that the manager had summoned you to his office when you report for duty, as this was your third instance of late coming in this month. On so being told by the supervisor you became very angry and shouted at him in a loud voice “Chup raho, warna……….” (please give the exact words used by him in the language which he spoke and also give the description of his gesture). The supervisor asked you to be quiet, upon which in a fit of rage you assaulted him and he fell on the floor. You then proceeded angrily to the manager’s cabin and entered without permission and demanded in an angry voice why he had summoned you. He asked you to calm down and then explained that you had been regularly coming late and warned you about disciplinary action for such misconduct of late attendance. You then began to use abusive language against him….*** (Give details of the exact words spoken). You then raised a threatening fist at him saying “Dekh lega tumko” and stormed out of his cabin. You collected the other workmen ______________ (Give names of the workmen) at ____(place) and you along with these workmen went around instigating and threatening other workers to stop work and join you and thereafter you in a mob went to the managers office shouting threatening, abusive and vile slogans “________*** ” (Give details of the slogans). In the meanwhile security staff came to the place and escorted you out. While leaving, you along with other workers threatened the manager and other officers with dire consequences.
VI) Agitational behaviour – go slow
On __________ (date), at _________ (time) while you were expected to be on duty, you left your place of work and held meeting of other workers i. e. A, B, C (give the names of the few workers who are leaders so that charge-sheet to them also can be issued) and instigated the workers to slow down production so as to put pressure on the management to accept the charter of demands issued by the worker’s union, of which you are an executive member of the union. Due to your instigation, most workers slowed down production. You coerced and threatened those workers who did not want to take part in such agitation that if they do not obey the directions they will meet with dire consequences and thereby created atmosphere of terror and fear in them. As a result of such go slow tactics, the production on that day was ______ tons as compared to the usual production of ________ tons, which resulted in ________ % of loss.
VII) Illegal Strike
On ________ (date) at________ (time), you gathered __(number) of workmen in the factory and together stopped work, in order to put pressure on the management to accept the demands raised by the worker’s union which was regarding increase in the rates of wages and change in the work timings. You have played an active part in instigating the workmen to strike work and also coerced those workmen who did not wish to participate, to stop work by threatening them with physical harm. As a result, the entire production in the factory came to a standstill and there was a loss of _______ (quantity) to the establishment. The strike resorted to by the workmen was with common understanding and concerted action in pursuance of the demand for which the dispute is pending before the Industrial Tribunal at _______which was referred by the State Government vide notification ______ dated _______ and thus is illegal as per the Industrial Disputes Act and you were fully aware of this fact.
VIII) Drunkenness and disorderly behaviour
On ___________ (date) your duty in the third shift commenced from ________ p.m. However you reported late for duty at _______ p.m. in a drunken state and smelling of consuming alcohol. After reporting for duty you went to your work station at the ____________ machine. The supervisor Sri ______________ was present over there and finding you in a drunken state, he advised you to go home. But you refused to do so and threatened him with the words, “Agar mere raaste me aaya to dono hath tod dega” (Please give details of the exact words spoken and gestures used.) Meanwhile on hearing your loud voice two members of the union committee Sri ___________ and Sri ____________ came to the spot and tried to calm you down but you refused to listen and tried to move to your work place. Since your duties involved several complex operations and in your drunken condition you would not be able to perform them and could possibly cause accident or damage, the union committee members tried to restrain you physically, but you pushed them away from you and proceeded to your work station and began to start up the machines and would not be stopped.
As the situation had totally gone out of control the supervisor went and informed the Deputy General Manager Sri _____________ who was present in the factory at that time and he along with security staff came to the factory at _______ a.m. and on reaching your work place found you slumped at your desk in a state of severe intoxication. On being summoned to the factory office you refused to answer any questions and maintained a sullen silence. You were then escorted out of the premises and back to your residence by a security guard in view of your intoxicated condition.
IX) Sleeping while on duty
You have been working in the factory as a watchman and have been posted at the night shift. The supervisor Sri _____________ while on his round of inspection of the premises found that you were sleeping on the chair, at the main entrance gate where you where posted to keep watch. During such time at least four workers passed into the premises without the regulatory checks, which you were expected to carry out. The supervisor then proceeded to awaken you and you awoke embarrassed and returned quietly to your post. In fact, this is not the first instance where you have been found sleeping on duty. On two occasions previously, you were found sleeping on duty, on __________ and __________ (mention dates) and on the second occasion you were even given a warning against sleeping on duty failing which you would invite disciplinary action.
X) Unauthorised union activities/ meetings in premises of establishment
You are an executive member of the Worker’s Trade Union. On ________ (date), you reported for duty at ________ (time). A short while later you were found collecting the union membership fees from the workers in your shift. The supervisor told you to get back to work and you did so but an hour later again you were found to be collecting the dues and you were warned not to repeat such activity.
On _________ (date) while you were on duty, at _________ (time), you called a meeting of workmen in the assembly hall where about 30 workmen gathered and you were found inciting the workmen to resort to drastic measures for their rights and urging them to enlist for the membership of the union. Such meeting was held during working hours without the permission of the management.
XI) Insubordination, agitational behaviour, staging demonstration, gherao etc.
Your behaviour towards your superiors and the senior management has often been arrogant and rude to the point of being willful insubordinating. You have been reprimanded by your superior officers but have taken no notice. On ________ (date), you reported for duty at _________ (time), and then left your workplace and were seen loitering in the corridors and were found addressing some workers of the previous shift who were leaving the premises. The supervisor on seeing this asked you to return to your workplace at once but you refused to do so and continued to loiter around. The senior manager Sri ____________ on being informed of your behaviour of insubordination summoned you to his cabin and warned you to behave yourself in a disciplined manner or face suspension. On hearing this you glared angrily at him and raising a fist at him shouted, “Dekh lega” and went out. Thereupon you gathered a number of co-workers and incited them that the management was anti-worker and convinced them to join you in staging a demonstration in the premises. They accordingly joined you in demonstrating against the management and picketing and agitation led by you. When the senior manager came out with two other members of the senior management to see what was happening, you and your co-workers gheraoed them and raising fists shouted slogans against the management. On account of such agitational behaviour caused by you, the peace of the workplace was disturbed and finally security personnel had to stop your gherao and disperse the demonstration to restore order in the work place.