Disciplinary Action Procedure

Dear Seniors,
Here I need a clarification for about disciplinary action procedure. As far as my knowledge If the employee involved in any kind of misconduct as prescribed in ASO the employer has to initiate Disciplinary Action by giving Charge sheet.
Here I have been interviewed by an Sr. Manager IR he said giving Charger sheet first is wrong instead of that can give SCN then after proved the misconduct only can give charge sheet he adds.
Please share your views which one we have to issue first to delinquent employee? Is there any procedure law says please SHARE with me.
Best Regards,
Sakthi sukumar

Dear Sakthi Sukumar,
The concept of discipline in work place includes disciplinary control over employees. This is accomplished through a set of procedure called disciplinary proceeding or disciplinary action comprising of several stages such as calling for explanation by issuing a show-cause notice, framing of charges of misconduct through charge-memo, conduct of domestic enquiry, issue of a second show-cause notice on the conclusion of the charges having been proved and the final orders. All these things are based on the Principles of Natural Justice. But, 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. So the opinion of your Senior is also correct. But in a clear-cut case of a serious misconduct, skipping the first show-cause notice can not be a flaw.

Dear sakthi.
Most of the time, the employer will issue show cause notice cum charge sheet. ( Both will be clubbed).
Regards
Priyank
Advocate and labour consultant

HI,
Senior Manager is absolutely right we can't give charge sheet as a first step there are few procedure we have to follow before that, what Mr.Umakanthan said is right.
with regards
Mr.Thumbs Up