Mr.Mohan, Yes 3 days may not be sufficient. Employee may present some lame reasons to defend. So better provide some more time and then proceed.
From India, Madras
919From India, Madras
I believe the employee concerned still on duty (not suspended pending enquiry, we don't know what is the nature of offence/seriousness) and it's not that difficult to serve a reminder and obtain his immediate ackmt./response. We would have done really & reasonably possible. If it's to be served thru' RPAD' pl do it.
From India, Bangalore
From India, Bangalore
Dear Friend,
You can proceed for next action as per the time framed. Time is precious one should respect that and also liable to inform & ask for some time if not able to submit for certain specific reasons. But keeping silent & not submitting reply/explanation shall be treated as "employee have nothing to explain and accepting the Misconduct or charges".
From India, Mumbai
You can proceed for next action as per the time framed. Time is precious one should respect that and also liable to inform & ask for some time if not able to submit for certain specific reasons. But keeping silent & not submitting reply/explanation shall be treated as "employee have nothing to explain and accepting the Misconduct or charges".
From India, Mumbai
I think that the focal point of the discussion has slowly shifted to whether or not a reminder on the SCN should be sent to the delinquent employee when he failed to respond for the reasons best known to himself.. In my opinion, no hard and fast rule could be laid down. It is a matter of discretion of the disciplinary authority concerned. It can be the strategy of the employee to keep mum at present so that he can question the very ground for the issuance of the SCN later. The issue on hand may be one pertaining to performance or behavior of the employee concerned. If he actually requires some time in order to consult his union or peruse some connected record, he is at liberty to ask for some more time. So naturally it has to be considered as tacit insubordination which in turn cannot justify a reminder at any cost. After all compliance is the hallmark of discipline. To get a reply from a delinquent employee who is very much present under the same roof, the employer has to send a reminder seems to me something unusual and odd. If the reminder also fails to evoke response, why not another reminder to the previous reminder?
From India, Salem
From India, Salem
Ok seniors, He even not ready to give explantation after one (1) Remainder. Regards
From India, Palakkad
From India, Palakkad
As I already made my comments in this matter, giving reminder to show cause notice is quite unusual. Now only action, disciplinary authority need to take now is to proceed further, that is,
issue Charge sheet and issue notice of Enquiry to him and proceed further.
From India, Aizawl
issue Charge sheet and issue notice of Enquiry to him and proceed further.
From India, Aizawl
In the disciplinary matter whether as a strategy measure the delinquent employee can make a request to the Management to order a Domestic Enquiry as a response to the SCN. If so, can the Management prompt themselves to conduct the enquiry without knowing the stand of the employee for the SCN issued and prove the charges levelled against the delinquent employee in a single sitting i.e. the delinquent employee firms himself that enquiry be completed in a single sitting and Not to give further chance to the Management for any tampering of Management witnesses once his explanation to the SCN was offered before the enquiry officer. Regards,
From India, Mumbai
From India, Mumbai
Dear SridharanV.
Your queries are -
i) In the disciplinary matter whether as a strategy measure the delinquent employee can make a request to the Management to order a Domestic Enquiry as a response to the SCN.
ii) If so, can the Management prompt themselves to conduct the enquiry without knowing the stand of the employee for the SCN issued and prove the charges levelled against the delinquent employee in a single sitting i.e. the delinquent employee firms himself that enquiry be completed in a single sitting
iii) and Not to give further chance to the Management for any tampering of Management witnesses once his explanation to the SCN was offered before the enquiry officer.
My views are:
i) It may be possible for the delinquent employee to request the Mmt. for a 'Domestic Enquiry'. But since the charges being levelled by the Mmt. against the concerned employee it will be the prerogative for the Mmt. either to accede to such a request or close the matter/keep it in abeyance. However, it's a prerequisite for the delinquent employee to reply to the preliminary SCN. Without which Mmt may proceed in the matter for a logical conclusion;
ii) Deciding a DE in single sitting is not feasible also against the rules of DE. The delinquent should be given a chance to submit his side of defence both in person and in writing, produce evidences & docs, recording the statement of the employee & of witnesses, and proceedings, argue etc. Just on a plea that Mmt might influence witnesses hence complete the DE in one sitting cannot hold water and also against the natural justice on either side;
iii) the reasoning given cannot be accepted under any circumstances.
From India, Bangalore
Your queries are -
i) In the disciplinary matter whether as a strategy measure the delinquent employee can make a request to the Management to order a Domestic Enquiry as a response to the SCN.
ii) If so, can the Management prompt themselves to conduct the enquiry without knowing the stand of the employee for the SCN issued and prove the charges levelled against the delinquent employee in a single sitting i.e. the delinquent employee firms himself that enquiry be completed in a single sitting
iii) and Not to give further chance to the Management for any tampering of Management witnesses once his explanation to the SCN was offered before the enquiry officer.
My views are:
i) It may be possible for the delinquent employee to request the Mmt. for a 'Domestic Enquiry'. But since the charges being levelled by the Mmt. against the concerned employee it will be the prerogative for the Mmt. either to accede to such a request or close the matter/keep it in abeyance. However, it's a prerequisite for the delinquent employee to reply to the preliminary SCN. Without which Mmt may proceed in the matter for a logical conclusion;
ii) Deciding a DE in single sitting is not feasible also against the rules of DE. The delinquent should be given a chance to submit his side of defence both in person and in writing, produce evidences & docs, recording the statement of the employee & of witnesses, and proceedings, argue etc. Just on a plea that Mmt might influence witnesses hence complete the DE in one sitting cannot hold water and also against the natural justice on either side;
iii) the reasoning given cannot be accepted under any circumstances.
From India, Bangalore
Dear Sridhraran,
The delinquent employee seems to create the situation into that of the hunter being hunted.
If the employee adopts the strategy that whatever explanation to the SCN would be submitted by him during the course of the domestic enquiry likely to be conducted only means he refutes the alleged charges contained therein. ( I presume that the SCN issued already contains the charges )
Neither the employer nor the delinquent employee can order the E.O to close the enquiry in a single sitting. It is the prerogative of the E.O to decide depending on the course of enquiry.
From India, Salem
The delinquent employee seems to create the situation into that of the hunter being hunted.
If the employee adopts the strategy that whatever explanation to the SCN would be submitted by him during the course of the domestic enquiry likely to be conducted only means he refutes the alleged charges contained therein. ( I presume that the SCN issued already contains the charges )
Neither the employer nor the delinquent employee can order the E.O to close the enquiry in a single sitting. It is the prerogative of the E.O to decide depending on the course of enquiry.
From India, Salem
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SHOW CAUSE NOTICE.pdf
Show Cause Notice.doc