Confused About Disciplinary Actions? Should We Start with a Charge Sheet or Show Cause Notice?

Clarification on Disciplinary Action Procedure

I need clarification regarding the disciplinary action procedure. To the best of my knowledge, if an employee is involved in any kind of misconduct as prescribed in ASO, the employer has to initiate disciplinary action by issuing a charge sheet.

During my interview with a Senior Manager IR, he mentioned that issuing a charge sheet first is incorrect. Instead, he suggested that we should issue a Show Cause Notice (SCN) initially. Only after proving the misconduct can we then issue the charge sheet, he added.

Please share your views on which document should be issued first to the delinquent employee. Is there any specific procedure or law that dictates this? Please share with me.

Best Regards, Sakthi Sukumar

Understanding Workplace Discipline Procedures

The concept of discipline in the workplace includes disciplinary control over employees. This is accomplished through a set of procedures called disciplinary proceedings or disciplinary actions, comprising several stages such as:

- Calling for an explanation by issuing a show-cause notice.
- Framing charges of misconduct through a charge memo.
- Conducting a domestic enquiry.
- Issuing a second show-cause notice upon the conclusion of the charges being proved.
- Issuing final orders.

All these actions are based on the Principles of Natural Justice. However, skipping a step or two is a matter of expediency based on the gravity of the misconduct and the reasonableness of the circumstances leading to the final decision. Therefore, the opinion of your Senior is also correct. In a clear-cut case of serious misconduct, skipping the first show-cause notice cannot be considered a flaw.

Regards,

Dear Sakthi,

Most of the time, the employer will issue a show-cause notice cum charge sheet (both will be clubbed).

Regards,
Priyank
Advocate and Labour Consultant

Hi,

The Senior Manager is absolutely right; we can't issue a charge sheet as the first step. There are a few procedures we have to follow before that. What Mr. Umakanthan said is correct.

With regards,
Mr. Thumbs Up