soul.driver Started The Discussion:
Hi Friends, Can somebody provide me a format of a sample chargesheet? Also, I would like to revisit the domestic enquiry process as I never implemented the same (courtsey my Corporate HR exp) Sandeep
Please click on the link below for Domestic Enquiry:
As for chargesheet it goes like this:
We are in receipt of your written explanation dated --- in reply to the show cause letter issued to your under letter ref no.-- dated--- which has been found unsatisfactory.
Your are therefore charged under clause no--- , (state the relevant portion of the clause).
In that it has been reported ----(give the Full incident)
In accordance with the provisions of clause of -- of Standing Orders an Enquiry Committee will meet to investigate above charges levelled against you in the office of the -- at --- hours on--- and you are directed to be present thereat to enable you to conduct your defense properly and adequately we send herewith copy of the Standing Orders and copy of the complaints in this connections on which the Company may rely at the time of Enquiry.
At the Enquiry you will be given full opportunity to conduct your defense by examining your witnessess and cross examining the Company's witnesses. Should you fail to present yourself at the enquiry it will proceed exparte.
You can replace the Standing Orders with Rule if you dont have one.
Mr. Ram Kishan
S/o Shri. Ram Lakhan
Employee Code: 10906
Sub: Charge Sheet
Mr. Ram Lakhan,
It has been reported that while you were on duty in the Machine Shop on 26th August 2009, at about 3.30 p.m. when your Supervisor approached you and asked you why you were not doing the worked assigned to you, you suddenly flared up and without any reason or provocation whatsoever started abusing him (your Supervisor) in the name of Mother & Sister ( mention the exact language used by the worker) and slapped him on his face. Even after that you continued to physically assault him and shouted loudly that you would see him outside the factory.
You even threatened him with dire consequences and harm to his life.
The other workers and Staff members present there at that time came to the rescue of the Supervisor and with difficulty managed to separate you from him (Supervisor) and take you to the Security Room. You were then handed over to the Security Officer.
Such violent behaviour on your part in physically assaulting your Supervisor and acts of threatening him with harm to his life amounts to acts of Gross Misconduct as per Clause 10(a) of the Company’s Standing Orders which read as under:
(Mention the exact clause as written in the Standing Orders)
You are therefore hereby called upon to explain in writing within 48 hours of receining the Letter of Charges as to why appropriate disciplinary action should not be taken against you for your above mentioned acts of gross misconduct.
Should you fail to submit your written explanation within the above stipulated time, it will be inferred that you admit the charges leveled against you and that you do not have any explanation to offer in your defence.
In such eventuality, the management will be at liberty to take necessary disciplinary action against you, as it deems proper, under the circumstances.
However, since the Charges levelled against you are extremely serious in nature and since your presence in the factory premises are detrimental to the overall discipline of the establishment, it is deemed expedient to suspend you from your duties with immediate effect.
You shall be entitled to receive subsistence allowance as per provisions of applicable law, during the period of your suspension, from the date of your suspension.
You are also hereby advised to report at the Security Room/Gate, at 10 am daily.
For ABC Co.
Very Important Steps to be taken:
1. Without wasting a moment take written statements about the incident from:
b. The Workers and Staff present there at that time
c. Security Guard and S.O.
2. The written statements will be important documents which will be used to establish the Charges leveled against the Charge Sheeted worker.
Te concerned employees will be the Management Witnesses.
3. Date, Time, Place, language used by the workers when he threatened the Supervisor etc…should be clearly mentioned in the written reports.
4. All reports should be separately written and signed by each worker, Staff who were witness to the incident.
5. All this should happen NOW. Tomorrow will be late. Afterthoughts and change of mind etc…are bound to happen.
Once you receive the written explanation of the worker:
Mr. Ram Kishan
S/o Shri. Ram Lakhan
Employee Code: 10906
Mr. Ram Lakhan,
You written explanation dated…………in response to the Charge Sheet dated……..issued to you, has been received on……….
The explanation offered by has been carefully considered by the management and it finds your reply unsatisfactory.
It has therefore been decided been decided to institute a Domestic Enquiry to investigate into the Charges leveled against you vide Charge Sheet dated…….and to grant to full and fair opportunity to defend yourself against the same.
Mr.Ram lal Ahuja, of the Legal Section of the Company has been appointed as the Enquiry Offer to conduct the Domestic Enquiry. He will communicate with you directly and inform you about the date, time and venue of the Enquiry.
For ABC Co.
Then issue a letter to the Enquiry Officer formally appointing him as the EO, requesting him to inform the Charge Sheeted worker about the date, time and venue of the enquiry. Send him a copy of the Charge Sheet along with the letter as an annexure.
The EO will then issue a letter to the workman giving details about the date, time and venue where he will conduct the Enquiry.
Both these letters will be worded very carefully to make the management’s case strong.
Then the Domestic Enquiry will start.
It is quite common to confuse between a Charge Sheet and a Show Cause Notice. Both have different implications. A draft by one of our CITE members suggesting that the Charge Sheet is being issued since the worker's reply to the Show cause Notice was not acceptable, is not quire right.
Please feel free to call me for any clarifications anytime.
Congratulations on your being appointed as the EO.
You may start with these two letters:
Letter Appointing the EO:
The management is pleased to appoint you as the Enquiry Officer to conduct a Domestic Enquiry to investigate into the charges levelled against Mr…………(Designation, Deptt.etc…) an employee of the Company, vide Charge Sheet dated……..
Copies of the Charge Sheet, the reply submitted by the Charge Sheeted employee in response to the said Charge Sheet are enclosed herewith for your ready reference.
You are requested to conduct the Domestic Enquiry against the above named employee and submit your report to the management.
You may have already got this letter from your management.
You must “Accept” and sign a copy of this letter in token of your acceptance of the same.
As the EO you will send the following letter to the Charge Sheeted employee.
This is to inform you that I have been appointed as Enquiry Officer to conduct a Domestic Enquiry to investigate into the charges leveled against you vide Charge Sheet dated……
I propose to conduct the Enquiry on………(date) in the Office Conference Room(mention the place/venue) at 10 am.(mention the time).
The Enquiry will be conducted in accordance with the principles of natural justice and you will be given full and fair opportunity to defend yourself against the charged leveled against you. You may also seek the assistance of a co-employee to represent you on your behalf in the Enquiry proceedings.
Please present yourself for the Domestic Enquiry on the date, time and place mentioned above failing which the Enquiry proceedings will be conducted ex-parte.
This letter should be sent under Registered AD Cover and the Postal Receipt and the Acknowledgement card should be preserved in your records.
Please also understand that conducting a Domestic Enquiry is serious business. You must consult your Legal/HR Advisor all along. It will be extremely difficult to coach you on all the finer points through these threads & responses.
I will be gald to become your HR Retainer should your management feel the need for one and if you are located in Delhi/NCR.
managing Indicpline is a very sensitive matter and needs to be addressed with utmost care. The process has legal implications and if not handled properly can lead to embarassment at a later stage.
I am willing to conduct a workshop on Managing Indiscipline in Gurgaon/Bhiawdi.
In case HR collagues working in and around Gurgaon/Bhiwadi are interested, please call me on my Mobile 09717726667 or contact me at .
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