Rules, Rights & Rites -140 Promotional and Incentive Structure of PLI/RPLI for the sales force

 TIT BITS ON DISCIPLINE -271
IMPORTANT CASE LAW
1058. The second show cause notice must issue in writing (Avtar Singh v. I.G. of Police, Punjab, SLR 1968 SC 131].

1059. The disciplinary authority may cancel a show cause notice issued earlier and issue a fresh one proposing a more grave punishment [Maharashtra State Seeds Corpn. Ltd. v. Haridas, C.A. No. 3071 of 2004 decided by Supreme Court on 24.2.2006].

1060. The second show cause notice is necessary even in a case where the charged officer admits the charge or tenders apology [Menghraj v. State, AIR 1956 Raj. 28; Ram Lal v. Union of India, AIR 1963 Raj. 57).

1061. The chow cause notice should be issued by the disciplinary authority itself or someone else on his behalf [Krishna Gopal v. State, AIR 1960 Orissa 37). The fact that the file subsequently passed through the competent authority and he approved of the action could not validate the defect in the original notice (ibid.).

1062. It is possible to mention more than one punishments in the show cause notice and to ask employee to show cause notice in the alternative. Such a notice is lawful and valid because it gives a better opportunity to show cause why none of the major punishments be imposed on him [Hukum Chand v. Municipal Board, AIR 1959 SC 536]. But, if two or more punishments are juxtaposed in such a way which would indicate that disciplinary authority had not come to a tentative conclusion as to what punishment should be given, the notice shall be invalid (ibid.).