Is a Show Cause Notice issued in your name and you are wondering how to respond to the notice?
Then You have come to the right place but before jumping onto how to respond to a show cause notice, it’s important to understand what exactly a show cause notice is.
A show cause notice, as the name suggests is a notice issued by either a Court, or a Competent Authority or any Organization asking the particular individual in whose name the notice has been issued to show the cause which means to explain the reason behind his act or omission in writing regarding which the notice has been issued. It is basically issued to give the accused or the wrongdoer a fair chance to show and explain the reason behind his/her act or omission. However, the reasons might be different depending on which authority is issuing the notice. If a show cause notice is issued by a Court of law, it can be issued to a party to show up in the Court and explain why a certain action should not be initiated against him/her. Apart from this a court can issue a notice if the due procedure was not followed while filing of the complaint to the responsible actors.
If a show cause notice is issued by an academic or educational institution against a student who is suspected of engaging into some malpractices, it can be issued to the student to show why he/she is not supposed to bear the disciplinary action. This is issued as a last chance to the student to show up and justify his stance. . Another case can be of a business where a show cause notice is issued by the employer to an employee who due to his misconduct and negligent behavior can be fired, or can be punished if the conduct is not improved even after the counselling sessions.
Now in case you got a show cause notice from any of the above organizations, you should be mindful of some very important aspects while you reply to the said notice to be able to use your chance wisely. These are as follows-
- Adhere to the Deadline – When a show cause notice is issued,there is a deadline before which you need to respond to the notice, it is important that the deadline is taken care of,failing which may result in complications and you may have to seek extension which might or might not be granted.
- Check the facts – Thoroughly go through the facts and circumstances as mentioned in the said notice and in case the facts mentioned are not true inform the issuing authority.
- Consider taking legal consultation – Turning to legal consultation is integral in case you need to reply to a show cause notice as it’s your last chance to explain your case and get exempted from the liability and punishment.You will not want to miss that chance at any cost. A legal expert will help you draft the reply in the format as needed. S/he will also assist into adding all the important aspects that are central to your case and can help you exempt from the liability.
Respond to the notice or contest the notice
When a show cause notice is issued, you have two options to respond to it by either replying to the notice or contesting the same.. If you feel that notice that is issued in your name was issued with malicious intention and the charges mentioned therein are false, you can contest the show cause notice but in that case, the burden of proof to prove your contention is entirely on you. That’s why contesting the show cause notice is not always the best option possible.
A good response to the show cause notice has the potential to save you from the legal action.
Replying to the Show Cause Notice
When you have decided that you want to respond to the notice, you should keep in mind the following pointers in your reply-
- Be concise,and precise
- Check the spellings and sentence structure.
- Admit your mistakes if you have a reason for making these mistakes, it’s easy to explain.
- Don’t defend yourself, state the facts. don’t apologize,it serves zero purpose. Instead, fix the error and agree not to repeat it. If this is your first misconduct, you can file a petition for mitigation and ask the issuing organisation to be lenient.
- Please keep the Show Cause letter and your response confidential.
- Abstain from mentioning irrelevant thingsand stick to what has been asked in the notice.
Format of Show Cause Notice Response
A certain format has to be followed while drafting the reply for the Show Cause Notice. Mention the date at the top, after that mention the name, address of the authority who has sent the notice along with the Reference Number of the notice. Next write the subject of the document and begin with the subject matter of the reply. Lastly, end with the thanking note along with your name, address and designation,
How Can WeVaad Help?
Replying to a Show cause notice can be hectic at times and it involves legal technicalities which can be difficult to understand for a person having no or little knowledge of legal aspects. Hence, legal consultation is advisable.
WeVaad is an online dispute resolution platform which offers legal services like online legal consultation, agreement drafting along with dispute resolution via online arbitration, mediation and conciliation. We have a team of legal experts who will assist you in replying to the Show cause notice in the smart and tactful way.