Hi,
The first thing to remember is the observance of the required procedure, based on princiles of natural justice, before taking final action against the employee.. This helps us to counter all the subsequent pleas of the employee before the Courts.
In this particular case, a well drafted chargesheet should be prepared listing out the misconduct. It should mention all the other correspondance on the subject. A date time and place of enquiry should be mentioned and the lsame should be sent through a messanger or a courier to the last known address of the erring employee.He should be informed that the enquiry will be held ex-parte if he doesnot remain present on the date and time mentioned in the chargesheet. A copy of the chargesheet should be put up on the notice Board. If there is a Union,a copy should be sent to the Union office also.
it is not obligatory to publish it in the newspaper, but if the company wants, it can do so. Having taken these steps, the company should proceed with the enquiry on the date and time fixed. If the worker is not present, the Enquiry Officer can proceed exparte.
The Disciplinary Authority should take appropriate action based on the enquiry report. Before taking action copy of the enquiry report should also be sent to the charged employee for his comments.
The discipakinary Authority, should thereafter proceed to take final action.
The entire process appears to be lengthy, and tedious. There are many, who feel all this is not necessary. However, the principles of natural justice demand that the charged employee must be afforded with a reasonable opportunity before awarding major punishment to him.
I suggest you consider the above before taking final action.
Cyril