Umakanthan53
Labour Law & Hr Consultant
Nagarkar Vinayak L
Hr And Employee Relations Consultant
Rkn61
Hr Manager
Kritarth Consulting
Posh Programs; Hr Management Consultants
PL Kanthan
Proprietor
Mohandas_1986
Manager Hrd

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Dear Sir, Can we issue charge sheet when reply to show cause is not received for a misconduct?
From India, Thane
Sure, Mr Sinha. Refusal to reply to Show-Cause Notice orCharge-sheet previously served on the delinquent Employee amount to Act of Misconduct punishable as per Service Rules or StandingOrders, as the case may be.
Kritath Team of Discipline Management Professionals
6.12.2019, Bengaluru Office

From India, Delhi
Non-submission of explanation to the Show cause notice within the stipulated time as mentioned in the Show Cause Notice is an additional charge to be levelled
against the delinquent employee and you may serve another charge sheet on him.
If he is again silent / or does not pay any heed to management, you can inform him and initiate
an ex-parte proceedings.

From India, Aizawl
All show cause notices/charge sheets shall be served on him directly and collect his signature on the copies of charge sheets/show cause notice and preserve in file - as these become legal documents at the time, when domestic enquiry shall be constituted.
If he refuses to accept such charge sheets, Show cause notice, copy on the Company letter head, shall be mailed to him by Registered Post Acknowledgement Due to his permanent address as well as last known present mailing address, one copy should be displayed on the company notice period, and also to be advertised in leading news paper (this is necessary in the case of large units where more than one registered Trade unions are present).

From India, Aizawl
I would like to differ from the view of Mr.Radhakrishnan Nair as to the proposition of adding one more charge of misconduct on the delinquent for his failure to submit reply to the show-cause notice. Serving of show-cause notice on the delinquent is to afford him a reasonable opportunity to defend himself against the charges mentioned therein. He can choose to be silent at his own peril which can not form the basis for another charge of misconduct against him.
From India, Salem
Dear Team,
According to my experience ,even though the employee keep silent on Show cause , we can issue a reminder for two times , latter we can issue a charged sheet , just to ensure the employee got reasonable chances to state his side.
Regards

From India, Palakkad
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
Dear Patrons,
I agree that not replying to show-cause notice is "not a reason to initiate/add one more charge on the employee", as opined by great participants.
However, we are all silent on the basic "query", i.e. whether 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
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
I presume that our friend Kanthan's query is based on the premise that S.C.N is completely different from 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 it of with 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 Charge Sheet.
In the event of no response from the delinquent after receipt of the SCN, depending on the gravity of the misconduct enquiry can be conducted if the SCN contains all the relevant particulars pertaining to the charge. If not, it is imperative to issue separate Charge Sheet containing the imputations/allegations.

From India, Salem
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