Do you know how to respond to a show cause notice that was issued in your name?
You’re in the right spot, but before you decide how to respond to a show cause notice, it’s important to understand what one actually consists.
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-
- 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.
- 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.
- 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.
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. Alternatively, you can always consider mediation to resolve the dispute in an amicable manner.
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WeVaad is an online platform for online dispute resolution that assists parties in resolving conflicts through e-arbitration, e-mediation, and e-conciliation. At the convenience of the parties, we settle disagreements between them online in 90 days. Get in touch with us right now to find out how we can support you in discreetly and amicably resolving the conflict.