How Should I Respond to a Disciplinary Action Letter from My Employer? Seeking Advice!

Guidance on Responding to a Disciplinary Action Letter

I see you are seeking guidance from senior colleagues on how to respond to a disciplinary action letter from your employer. It's essential to approach this situation carefully and professionally. Seeking advice from experienced individuals can provide valuable insights on how to address the matter effectively. Remember to remain composed and respectful in your response. If you require any assistance with drafting your reply, feel free to ask for further support.

Regards

What are the charges framed against you? Are the charges true?

I am working as a JE Electrical Engineer in an autonomous institution with 24 years of service. No charges or concerns regarding my attitude towards the job have been mentioned. However, I have been asked to vacate the house provided inside the campus until further orders. I am concerned that this may be a prelude to suspension. Please advise. Thank you.

Regards.

Are you working for a government company? During suspension, they cannot withdraw the perks. You will have to be paid 50% of your salary during suspension pending an enquiry. Only when they terminate someone will they ask them to vacate.

You can go to court and get a stay on the letter which asks you to vacate the house, since they have asked you to vacate the house while awaiting a response from you. This is against the principles of natural justice. You can hire any lawyer and immediately get a stay.

This will also help you in proving that they were vindictive against you in a premeditated manner, in case at a later date they decide to suspend or dismiss you from service. In any case, immediately consult a lawyer.

Premature Action and Unjust Labor Practices

Prima facie, the action taken against you by your office appears premature and indicates unjust labor practices. To provide you with appropriate suggestions, please post the letter issued to you in this forum. Otherwise, consult an advocate to strongly take up your case.

Without giving the details of the show cause notice, how do you expect anyone to give you advice? Everyone will be shooting in the dark. In response to the query, you have only said "referred to attitude towards job." If you need proper advice, at least provide proper information.

I have enclosed all the relevant papers. Please help.

Regards,
R.S. Kargaonkar

Enclosed are the remaining relevant papers for R.S. Kargaonkar. This is in reference to my previous post regarding a disciplinary letter reply. I again request all seniors to please send a reply appropriate to my charge sheet.

Thank you.

I have sent details regarding disciplinary action and the charge sheet, but I have not received any proper reply. Please help.

It appears to me the Estate Office has a very strong case against you, and you have indeed been given many notices and warnings to which you have failed to respond or take corrective action. It also appears that the action initiated is justified yet considerate, mild, and within the statutes. It would be advisable to cut your losses and leave with whatever dignity you can save. If you initiate legal action, your institute will be within its rights to invoke stronger punitive action, including penalties and recovery. Also, since you have shared confidential communication as above in a public forum, I suspect you would be liable to damages for defamation—and justifiably so. Since there are serious charges of intentional misappropriations and moral turpitude, your institute could even take things as far as termination and withholding statutory benefits pending clarity.

I have shared my understanding and suggestions. I can only say that if you were in the private/corporate world, you would have been in the dock long back, saying goodbye to all your accrued benefits. If a Government or quasi-Government sector institute fails to do so, it is a weakness in the system.

You have been given advice that is deemed proper by our seniors here. Please note that this forum will only share general ideas, but it is you who are solely responsible for your actions.

Your comment came almost 2 days after Saswata said what he did, and I find his comments very appropriate and correct. If you think we will tell you your Institute is wrong, I am afraid that seems improbable. This forum is not a place where I have seen unjust and wrong behavior being supported, and if your institute's letters are to be taken at face value (which any reasonable person will do), I doubt you will find supporters of your malafide behavior here. However, having said all that, if you can substantiate your innocence, I am sure many of us will be glad to help you fight for justice.

Dear friends, some time back, I had scanned and sent my personal papers for your guidance regarding disciplinary action. Some of the immature HR professionals replied, stating that I would have been removed from services long back. I request all HR professionals, before giving such derogatory statements, to please learn the laws governing employment, HRM, etc., before commenting. As for my disciplinary action and charge sheet, the committee appointed quashed it as it was baseless. Thanks to those who have replied responsibly. Thanks again.

The Model Standing Orders/Certified Standing Orders under the Industrial Employment Standing Orders Act 1948, applicable to workmen, make a provision for the payment of subsistence allowance, which is 50% of wages (basic + D.A). However, those persons who are not workmen are governed by the contract of employment as mentioned in the appointment letters. If no rules are framed for executives (other than workmen), they cannot claim subsistence allowance.

In regard to public sector companies/government companies, normally rules are framed for executive cadre employees, who are not workmen under the Standing Orders. These rules are called by different names like "Conduct Discipline and Appeal Rules," "Disciplinary Rules for Executive Cadre Employees," etc. In all such rules, provision is made for acts of misconduct, rules of discipline, punishments, including provision for the payment of subsistence allowance. However, as mentioned above, in the private sectors, normally no such rules are framed separately for executive cadre employees.

In your case, you seem to be working for the private sector. Please keep this in mind before taking any legal action against your employer.

Regards,
Cyril