Industrial Relations Manager
Personnel & Pay Roll
This refer to your query on charge-sheet and show cause.
Charge-sheet is basically a communication addressed to an employee, who has alleged to have committed some misconduct, in relation to his employment, and it contains a statement of allegations, with complete details of the wrong-doing/misconduct alleged against the employee. It calls upon him to give his explanation and show cause as to why appropriate penal action should not be taken against him. Basically, therefore, there is not much difference in both the jargons. But, in Govt Sector, there is a prescribed procedure for drafting the charge-sheet. Normaly, it contains a statement of charges, imputations of the misconduct on the basis of which the charges have been framed, a list of witnesses and list of documents, through whom/which, the charges are proposed to be established.
Prior to 42nd Amendment of Constitution, the Govt also used to issue a second show cause notice after completion of a departmental enquiry, proposing the nature of penality to be inflicted upon the employee. Now such a procedure is dispensed with. So, one can say that the charge=sheet is show cause notice, but it does not say, generally, as to what penalty will be inflicted, if found established.
Generally, the charge sheet does not speak about the penalty to be awarded to the employee, but only states the allegations, which the employee may accept or refute. If it is accepted, then he is liable for penal action forthwith. If the explanation is satisfactory, the employer may not proceed further in the matter. However, in case he denies the charges, the allegations need to be proved against him for which a departmental enquiry will be held. During the enquiry, the side which has made the allegations has to prove it and the receiving side can put up his/her defence. Once, the charges are proved, the employee may be visited with penal action.
This the outline. There are a good number of material available on the procedure etc. You can go through it.
8th August 2007 From India, Gurgaon
charge sheet however is very specific. Charges are categorically levelled and shot against the employee. He is being asked to defend the charges.
The disciplinary actions are usually giverned by Indistrial Employment Standing orders act. However these may also be governed by appropriate service rules based on the Employer status ( public sector, Pvt sector etc).
8th August 2007 From India, Mumbai
Statement of allegations reads the same but using the 3rd person and is provided to the enquiry officer. e.g. that he was absent on 20-04-2008. It is also a list of unproved charges and the enquiry officer is required to investigate.
When the allegation is proved by the enquiry officer then Show Cause Notice is issued to the accused by the higher authority stating that the allegation is proved and the authority has tentatively decided to impose a certain penality upon the accused. In show cause the accused is given an oppurtunity to show cause or causes that why not the prescribed penality be imposed upon him. Hence Show Cause is a list of proved misconduct. In Show Cause the penality is also tentatively imposed. Further, a penality shown in a show cause may be decreased to a lower level by the authority after hearing the accused but cannot be increased to a higher level.
21st May 2009 From Pakistan, Islamabad
If the charges are serious and there is any possibility of the employee to mitigate the proffes and influence the witnesses etc then he will kept under suspension pending enquiry. A domestic enquiry is called for.
After the completion of the enquiry, the enquiry office submits his report and found the deliquent employee guilty then the first show cause notice will be issued asking why proposed action should not be taken and on receipt of the explanation, the management will evaluate the explanation and behavior part of the dilequent employee then they will decide and initiate action.
22nd May 2009 From India, Hyderabad
Can they still punish me?
7th July 2009 From India, Ajmer
your knowledge is outstanding and unbeatable.
i want to know after issuing First Show cause Notice, What Next????????
what is the further procedure??? till the retrenchement or anything else(punishment)?
Please provide the knowledge for the same.
6th October 2012 From India, Ankleshwar
Departmental Inquiry is for government servant all though firstly to show the cause of misconduct should be proved by guilty employee if not then u may charge him his allegation if it is proved by domestic inquiry and take actions depend on crime,misconduct.
25th June 2018 From India, Surat