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Author Topic: show cause notice without tenable grounds...need to reply  (Read 658 times)

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Offline ashish123

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show cause notice without tenable grounds...need to reply
« on: April 27, 2017, 08:04:57 AM »
I am a govt hospital contractual employee.  Got job through legal fight one year back. Yesterday served with a show cause notice based on the false report of officer incharge with following lapses on my part.:
1 not informing incharge about non functioning of x ray machine leading to difficulties to patients.
2 . Using personal email id to inform concerned company for the maintenance of the machine which is violation of channel of correspondence.

Hence show cause notice is issued in violation of Para15 of agreement.
Which actually states that ::
In case a contractual employee is involved in any act of PROFESSIONAL MISCONDUCT, UNETHICAL PRACTICE,  MEDICAL NEGLIGENCE OR ADMINISTRATIVE NEGLIGENCE disciplinary action will be initiated against the employee and his contact may be terminated after giving a show cause notice without prejudice to any further action that may be deemed fit and initiated considering the nature of offence committed.


Now my part:
1. Whole other staff knows x ray not working.
2. Incharge himself knows but denied.
3. Yes personal email id was used for contacting companies but a copy of same was forwarded to incharge on office email address.  But he deliberately not entered them in incoming mail register. Rest other mails were entered.
I need reply guidance and want this notice to be withdrawn as what I did was in interest of organisation.

Offline riteshmaity

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Re: show cause notice without tenable grounds...need to reply
« Reply #1 on: April 29, 2017, 11:33:23 PM »
Since you have already received a show cause notice, it is suggested that you give a reply to the show cause being drafted by a lawyer/ profession in this matter.
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Offline ashish123

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Re: show cause notice without tenable grounds...need to reply
« Reply #2 on: April 30, 2017, 08:02:53 AM »
One more thing i requested copy of  the said report which was  made ground for SCN and additional time after reciving the same is it possible or i have to submit reply within time limit mentioned in SCN.

Offline riteshmaity

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Re: show cause notice without tenable grounds...need to reply
« Reply #3 on: May 04, 2017, 01:16:56 PM »
Before giving a reply, you are entitled have all the documents basing on which allegations were brought against you. So you may ask for more time and a reasonable time should be given in observance of principle of natural justice. But even prayer for more time should be properly documented. 
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Offline ashish123

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Re: show cause notice without tenable grounds...need to reply
« Reply #4 on: May 26, 2017, 07:45:19 AM »
 1. Incharge sent report to employer with lapses on my part as dental doctor:A. Not reporting incharge regarding unserviceablity of xray machine leading to problems to patients. B. Using personal email id for contscting service provider company for maintenance of same machine which is violation of authorised channel ofccommunication. On basis of this I was issued SCN, I replied to that and after submission of same I was held responsible and warning letter was issued.Now my part: 1. Informed incharge on many occasions. 2. All emails sent by me to company were duly sent to incharge' official email id also (but were not diarized deliberately).3. Submitted requirements to incharge on his joining 6 months back...which mentions regarding xray and other things also. But he denied that he has not received. (Action on other requirements has been taken which proves that requirements were provided but no receipt was taken as it doesn't happen in office seniors).4. Before submitting reply to SCN an appointment was sought from employer..but was asked to reply first.5. In rrply to SCN appointment for personal hearing was requested. ....but not given and no personal hearing/physical domestic enquiry conducted and warning letter issued. 6. Grounds mentioned in contract agreement for disciplinary action are namely: a. Professional misconduct. b. Unethical practicec. Medical negligenced. Administrative negligence. Now the employer is getting transferred and new will be shown the warning letter and will be used as ground and on any other reason will be created and another warning/non renewal of contract or termination will be done.Q1: shall I kept quiet? Q2 : Shall I again ask for an interview ?Q3 : Shall warning letter be challenged.Q4 : if not challenged right now will lose chance in court of law later.I think employer is being misguided by incharge and another intermediate officer......what should be done. Yes one thing more they have another candidate in line for my post.

 

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