Dear Sir, Can we issue charge sheet when reply to show cause is not received for a misconduct?
From India, Thane
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2From India, Thane
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Sure, Mr. Sinha. Refusal to reply to Show-Cause Notice or Charge-sheet previously served on the delinquent Employee amounts to an Act of Misconduct punishable as per Service Rules or Standing Orders, as the case may be.
Kritath Team of Discipline Management Professionals
6.12.2019, Bengaluru Office
From India, Delhi
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Kritath Team of Discipline Management Professionals
6.12.2019, Bengaluru Office
From India, Delhi
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Non-submission of an explanation to the show cause notice within the stipulated time, as mentioned in the show cause notice, is an additional charge to be levied against the delinquent employee. You may serve another charge sheet on him if he remains silent or does not pay heed to management. If he continues to be unresponsive, you can inform him and initiate ex-parte proceedings.
From India, Aizawl
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From India, Aizawl
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All show cause notices/charge sheets shall be served on him directly and his signature on the copies of charge sheets/show cause notice should be collected and preserved in the file. These documents become legal at the time when the domestic enquiry is constituted.
If he refuses to accept such charge sheets or show cause notice, a copy on the Company letterhead shall be mailed to him by Registered Post Acknowledgement Due to his permanent address and last known present mailing address. One copy should be displayed on the company notice board and also advertised in a leading newspaper. This is necessary in the case of large units where more than one registered Trade unions are present.
From India, Aizawl
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If he refuses to accept such charge sheets or show cause notice, a copy on the Company letterhead shall be mailed to him by Registered Post Acknowledgement Due to his permanent address and last known present mailing address. One copy should be displayed on the company notice board and also advertised in a leading newspaper. This is necessary in the case of large units where more than one registered Trade unions are present.
From India, Aizawl
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I would like to differ from the view of Mr. Radhakrishnan Nair regarding the proposition of adding one more charge of misconduct to the delinquent for their failure to submit a reply to the show-cause notice. Serving a show-cause notice on the delinquent is to provide them with a reasonable opportunity to defend themselves against the charges mentioned therein. They can choose to remain silent at their peril, which cannot be the basis for another charge of misconduct against them.
From India, Salem
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From India, Salem
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Dear Team,
Based on my experience, even if the employee remains silent in response to a show cause, we can issue a reminder twice. Subsequently, we can issue a charge sheet to ensure that the employee has adequate opportunities to present their side of the situation.
Regards
From India, Palakkad
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Based on my experience, even if the employee remains silent in response to a show cause, we can issue a reminder twice. Subsequently, we can issue a charge sheet to ensure that the employee has adequate opportunities to present their side of the situation.
Regards
From India, Palakkad
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Dear Colleague, Mr Umakanthan has laid finger on precise legal position on SC notice. I wish I could agree more . Regards, Vinayak Nagarkar HR- Consultant
From India, Mumbai
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From India, Mumbai
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Dear Patrons,
I agree that not replying to a show-cause notice is "not a reason to initiate or add one more charge on the employee," as opined by the great participants. However, we are all silent on the basic "query," i.e., whether a Charge Sheet can be issued if the employee goes silent for a long period. This is in the interest of the HR fraternity.
Thanks,
PL Kanthan
From India, Thane
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I agree that not replying to a show-cause notice is "not a reason to initiate or add one more charge on the employee," as opined by the great participants. However, we are all silent on the basic "query," i.e., whether a Charge Sheet can be issued if the employee goes silent for a long period. This is in the interest of the HR fraternity.
Thanks,
PL Kanthan
From India, Thane
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Dear colleague, Depending on the gravity of the alleged misconduct, yes, the chargesheet can be issued and domestic enquiry conducted. Regards, Vinayak Nagar kar HR- Consultant
From India, Mumbai
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From India, Mumbai
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I presume that our friend Kanthan's query is based on the premise that S.C.N is completely different from a Charge Sheet. Not necessarily always.
A 'S.C.N' is a statement informing the delinquent employee of the acts alleged to have been committed by him and seeks his explanation in respect of them. It also enables the Disciplinary Authority to ascertain whether there is any prima facie for conducting an enquiry into the matter or treat the matter as closed or dispose of it with a mere warning.
However, it is to be noted that in Ashokkumar Monga v. UCO Bank (2000 LIC 563), the hon'ble Delhi High Court held that if the 'SCN' itself contains specific details and complete particulars of charges and the delinquent could understand, even 'SCN' can be treated as a Charge Sheet.
In the event of no response from the delinquent after receipt of the SCN, depending on the gravity of the misconduct, an enquiry can be conducted if the SCN contains all the relevant particulars pertaining to the charge. If not, it is imperative to issue a separate Charge Sheet containing the imputations/allegations.
From India, Salem
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A 'S.C.N' is a statement informing the delinquent employee of the acts alleged to have been committed by him and seeks his explanation in respect of them. It also enables the Disciplinary Authority to ascertain whether there is any prima facie for conducting an enquiry into the matter or treat the matter as closed or dispose of it with a mere warning.
However, it is to be noted that in Ashokkumar Monga v. UCO Bank (2000 LIC 563), the hon'ble Delhi High Court held that if the 'SCN' itself contains specific details and complete particulars of charges and the delinquent could understand, even 'SCN' can be treated as a Charge Sheet.
In the event of no response from the delinquent after receipt of the SCN, depending on the gravity of the misconduct, an enquiry can be conducted if the SCN contains all the relevant particulars pertaining to the charge. If not, it is imperative to issue a separate Charge Sheet containing the imputations/allegations.
From India, Salem
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