A show cause notice is a formal written notice asking a person or organisation to explain why a proposed action should not be taken against them. In India, it is commonly used by employers, government departments, regulators, educational institutions, housing societies, and even private businesses before imposing penalties, termination, suspension, cancellation of licence, recovery, blacklisting, or other adverse action.
If you are drafting a show cause notice, your job is to put the recipient on clear notice of the allegations, the facts, and the consequences, and to give a fair opportunity to respond within a reasonable time. A well drafted notice reduces disputes later because it shows clarity, proper process, and fairness.
What Is A Show Cause Notice And When Is It Used?
A show cause notice is not the final punishment or decision. It is usually a pre action step. The idea is simple: before taking action that affects someone’s rights, job, licence, payment, or status, the decision maker should ask them to “show cause”, meaning explain their side with reasons and supporting documents.
Typical situations where show cause notices are used include:
- Employment matters: misconduct, insubordination, policy violations, negligence, unauthorised absence, poor performance leading to disciplinary action.
- Tax and compliance: GST, customs, income tax, professional tax, regulatory compliance issues.
- Contracts and vendor issues: breach of contract, delay, quality failure, violation of SLA, fraud concerns.
- Institutions and societies: rule violations, fee defaults, code of conduct issues.
Your notice should be drafted as if it may be reviewed later by a senior authority, tribunal, labour authority, or court. That is the level of care to apply.
Why Does Drafting Quality Matter In A Show Cause Notice?
Drafting quality matters because:
- The recipient must understand exactly what is being alleged, otherwise they can claim lack of clarity.
- A vague notice can be challenged as unfair or biased.
- A notice that sounds like a final decision can look like the outcome was already decided.
- A good notice strengthens the record of due process, which is crucial in disciplinary and regulatory matters.
A practical benchmark: after reading your notice once, the recipient should know what happened, what rule or obligation was breached, what documents support it, what action may follow, and how to reply.
What Should Be Checked Before Drafting A Show Cause Notice?
Before you start writing, make sure you have a basic file ready. This helps you avoid factual gaps and improves accuracy.
- Correct identity details: name, designation, address, employee code or vendor ID, branch location.
- Authority and jurisdiction: who is issuing the notice, and under what policy, rule, clause, or law.
- Chronology of events: dates, times, communications, meetings, warnings, prior memos.
- Evidence list: emails, CCTV reference, attendance logs, invoices, inspection reports, screenshots, call logs, complaint statements.
- Proposed action: termination, suspension, penalty, recovery, cancellation, blacklisting, etc.
- Reasonable time to respond: commonly 3 to 7 working days in many internal matters, but it depends on complexity and governing rules.
If facts are still unclear, a show cause notice should not become a guessing document. Draft after verifying.
How To Draft A Show Cause Notice Step By Step?
Step 1: Use A Clear Subject And Reference Line
Your subject should indicate the purpose without exaggeration. Example: “Show Cause Notice For Unauthorised Absence” or “Show Cause Notice For Breach Of Service Agreement”.
Add internal reference numbers if used. It helps tracking and future record keeping.
Step 2: State Who Is Issuing The Notice And The Source Of Power
In one short paragraph, mention the authority issuing it and the basis, such as HR policy, service rules, contract clause, or statutory provision.
Keep it factual. Avoid emotional language.
Step 3: Mention The Facts In Chronological Order
This is the most important part. Put dates and specific incidents. Avoid general statements like “you always do this”. Instead write specific events.
If multiple incidents exist, list them as numbered points, and for each point add supporting reference.
Step 4: Link Facts To Rules, Policy, Or Contractual Obligations
After stating facts, connect them to the relevant rule or clause. This shows that the notice is not arbitrary.
Example: “This conduct appears to be in violation of Clause 7 of the Company Code of Conduct” or “This is a breach of Clause 12 of the Service Agreement relating to delivery timelines.”
Step 5: Ask The Recipient To Explain And Provide Documents
Use clear questions or a clear instruction. Ask for explanation and supporting documents.
Also specify the mode of response: email, hard copy, portal submission, personal hearing request, etc.
Step 6: Mention Proposed Action Without Sounding Like A Final Verdict
This part should be carefully worded. Use “may” and “proposed”. Do not write as if guilt is confirmed.
Example: “In case a satisfactory explanation is not received, the management may initiate disciplinary action, which may include…”
Step 7: Provide A Deadline And Opportunity Of Hearing Where Relevant
Mention the time period and where to submit. If a hearing is applicable, mention that they may request a personal hearing.
Step 8: Add Standard Closing And Signature
Include designation, office address, contact details, and enclosures list.
What Is The Standard Format Of A Show Cause Notice In India?
A common structure looks like this:
- Letterhead or issuing authority details
- Date and reference number
- Recipient details
- Subject line
- Facts and allegations
- Rule or clause violated
- Call for explanation and documents
- Time limit to reply
- Proposed action if no satisfactory reply
- Signature and designation
- Enclosures
Show Cause Notice Draft Template
On Letterhead / Official Email Format
Date: [DD/MM/YYYY]
Ref No.: [Reference Number]
To,
Name: [Recipient Name]
Designation / Relationship: [Employee / Vendor / Licensee etc.]
Address / Email: [Address / Email]
Subject: Show Cause Notice For [Reason In Short]
- This is to inform that [Issuing Authority Name and Designation] is issuing the present show cause notice in terms of [Policy / Rule / Contract Clause / Applicable Provision].
- It has been observed that the following acts and omissions have occurred:
2.1 Incident 1: On [date], [describe facts clearly]. This is supported by [document reference].
2.2 Incident 2: On [date], [describe facts clearly]. This is supported by [document reference].
2.3 Incident 3 (if any): On [date], [describe facts clearly]. - The above acts appear to be in violation of [specific policy clause / contract clause / rule], including but not limited to [list clauses briefly].
- In view of the above, you are hereby called upon to show cause and submit a written explanation as to why appropriate action should not be taken against you for the aforesaid conduct. The reply should specifically address the incidents mentioned above and should be supported by relevant documents, if any.
- Time For Reply: Your reply must be submitted on or before [deadline date] by [mode of submission]. In case you require a personal hearing, the same may be requested in writing along with your reply.
- Please note that if no reply is received within the stipulated time, or if the reply is found unsatisfactory, the issuing authority may proceed to take appropriate action, which may include [disciplinary action / termination / recovery / penalty / cancellation etc.], in accordance with applicable rules and procedures.
For [Organisation / Authority Name]
Name: [Signatory Name]
Designation: [Designation]
Contact: [Phone / Email]
Address: [Office Address]
Enclosures:
- [List of documents attached]
- [List of references]
What Common Mistakes Should Be Avoided While Drafting?
- Writing like the decision is already final: avoid words that declare guilt.
- Vague allegations: always add dates, incidents, and references.
- Mixing multiple unrelated issues: keep each notice focused, or clearly separate issues with headings.
- Missing legal or policy basis: always cite the clause or rule.
- Unreasonable deadline: give fair time based on complexity.
- Poor tone: keep it firm but neutral. Aggressive language invites backlash and weakens process.
- No enclosure list: if you rely on documents, mention them and attach where appropriate.
How To Make Your Show Cause Notice Stronger And More Defensible?
Use these practical drafting habits:
- Add a simple timeline style narration for clarity.
- Use numbered paragraphs so the recipient can respond point by point.
- Keep allegations fact based, not opinion based.
- Make the ask very clear: what explanation is required, and by when.
- Maintain a complete file with proof of delivery, email logs, acknowledgements, and attachments list.
Learn Show Cause Notice Drafting Practically With Step By Step Clause Drafting
Want to learn this practically with step by step clause drafting, check out this legal notice drafting course. It covers how to structure notices, choose the right clauses, draft clean allegations, and build a defensible record for employment, contracts, and compliance situations.
