Model Representation 20. Representation against show cause for leaving headquarters without permission

Recently, in one division, the divisional union organized Dharma program on Sunday and the divisional head issued show-cause notices to the participants as if they had left the headquarters without permission. This was replied.

 Sub: Leaving headquarters without permission on ...10.2024.

Ref: Your letter No ………. Dated ………10.2024

Apropos reference, I submit the following for your kind consideration.

At the outset, I humbly submit that I have not violated any orders of the department and even though I have attended the peaceful demonstration as scheduled by the divisional Union on Sunday for some gap of time in my personal rest hours which cannot be construed as leaving the headquarters. It was a journey for a limited hours and return back to the headquarters and not staying outside and it is like social obligation one has to carry out in his life. However, I have applied for permission on...... and since I didn't receive any reply I was under the impression that the permission was granted.

I submit that proper intimation for holding the demonstration was given by the divisional union with the demands to register our concern of the union in dealing the staff matter and discrimination and partial attitude of the administration in staff matters. The demonstration was peaceful. The divisional union had not invited any officials from other divisions as per our knowledge the officials ventilated their feelings with the concern. The genuine trade union activities like ventilating the issues cannot be brought under the ambit of discipline.

Peaceful demonstration is not a misconduct as per the Supreme Court verdict and the accepted principles. As such the proposed action as if leaving the headquarters on Sunday for a limited time is nothing but a ruse to scuttle the genuine trade union activities.

It is pertinent to mention that the observation of Hon’ble Court in Balakrishnan Nair X Kerala 1980 KLT 264 is relied upon to assert the above, where in it is interalia stated that
“The right to demonstrate to improve prospects in service is a right to visible manifestation of feelings or sentiments of an individual or groups and this communication by one's idea to others to whom it is intended (is not a misconduct).”

I submit further, I have not committed anything wrong on my part except the participation in the demonstration being member of the union that too on Sunday during my week off day which cannot be construed as indiscipline.

The above are my submissions and it is requested to kindly consider and drop any other proposal of proceeding against me.

Thanking you in anticipation Sir,

Yous faithfully.