Presumtion Need Not Be the Priority in Workplace Disciplinary Action-Steps, Rather the Priority Be Obeying Principles of Natural Justice namely i) Employer/Management Can Not Be the Judge in its own Case (Presuming that since Reply is Not Received, The DCharge-sheeted Employee Has Nothing to State in her/His Defence) which Stand is Unlawful, Unethical, Immoral and Unfair, Unjust and Improper.
Employer Must First Ascertain / Verify the followig:-
Was the Show-Cause Notice issued /Served on the Receipient Addressee and Acknowledgement Obtained?
If Written Explanation/Reply in defence was Not Submitted withing the Specified/Stipulated Time, was the Delinquent Employee "Informed" of the Fact that i) Not Replying to Employer's Communication /Orde itself "Constitutes ?Act of Misconduct calling for Disciplinary Action?
and or
Was the Delinquent Employee informed s/he would not be allowed to resume Duty till s/he submits her/his Written Explanayion/Reply to the Show-Cause Notice?
If after following the aforesaid Disciplinary Action-Steps, the Delinquent Employee does not Act it would be in order for the Employer/Punishing Authority to proceed with appointing the Enquiry Officer/Committee who should proceed with Enquiry in accordance with Principles of Natural Justice and give all reasonable Opportunities to the Delinquent as well as to the Management Representative to present Management's Case beduring Enquiry Proceedings, May be ex parte Enquiry if and when the delinquuent Employee ABSTAIN from Enquiry
Kritarth Team
12. Dec 2019