Dear Pradnya
Greetings.
Refusal to receive a Charge sheet or a Written Communication from Management / Employer as mentioned by you, amounts to acts of gross/grave misconduct for which your Employee is liable to punishment. Please take following action immediately:
1. A Letter signed by the Punishing Authority under his Official Seal must be issued to the delinquent Employee/charge sheeted employee informing/advising him that he would not be allowed to resume duty / taken on duty unless he receives and replies to the charge sheet. Give him 2 Working Days Time from the time of issue of the above mentioned letter to receive the Charge Sheet / Show Cause Notice.
Also, inform him that for not receiving the first Charge sheet, another Charge sheet for refusal will be issued to him.
2. In the event of an Employee refusing to receive a charge sheet in the first instance itself, the Superior responsible for issuing this charge sheet must record such refusal in writing on the signed copy of the charge sheet and arrange 2 witnesses (colleagues) to attest such refusal in their handwriting (signature). After this step, signed copies of the said charge sheet with office seal of the Issuing Authority, should be registered posted to the concerned employee at his local and home addresses as per company records.
Simultaneously, a signed copy of this charge sheet should be posted on the departmental main notice board.
In case, the registered posted envelope is returned, with postal remarks "refuse to receive" , management should initiate disciplinary action namely:
Appointing an Inquiry Officer and nominating a Management's Representative to conduct a proper and fair domestic inquiry as per laid down procedure.
Management is not helpless in respect of initiating disciplinary action.