Dear Sir
I want to know can we terminate any employee just after only one show cause/charge sheet, to whom we actually want to terminate. He filed a rely of show cause, Is it necessary to give him on other notice under natural justice or we can issue him termination letter with unsatisfactory reply.

In how many days we can issue him termination letter or 2nd notice. Is there any mean to issue 2nd notice when all the allegations has already been mentioned in the Ist notice.

Kindly send me your valuable advise.

Thanks.

From India, Bhatinda
Dear Bansal,

Termination on the ground of misconduct is an extreme punishment that could be given to an erring employee. Firstly, whether it should be preceded by a lenient punishment or warning is dependent on the gravity of the charges leveled against the employee.

Secondly, if the employee refutes the charges leveled, it is not necessary to issue him another show cause notice. Just inform him that since the reply received from him is not acceptable , it is decided to conduct a domestic enquiry and intimate who is appointed as the enquiry officer. If the employee happens to be a 'workman' under the ID Act,1947, you cannot straight away terminate him without holding a domestic enquiry according to the principles of natural justice. Even in case of a superior cadre of employee, an enquiry is desirable.

A second show cause notice is to be issued about the proposed punishment of dismissal only after the enquiry is over.

From India, Salem

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