Clarification on Charge Sheet - How long should I wait for their response? What does it mean when they don't respond to reply?

Dear Advisors, I was issued a charge sheet on 6th March, and I replied to it on the same date, explaining to them why I had to do the actions I did. They asked me to respond by 11th March. It's been five days since I responded to them, and Today is 11th March. When can I expect any response from them? How long should I wait for their response? What does it mean when they don't respond to reply? Can someone please clarify my doubts?

Dear member,

Receiving a charge sheet puts oneself on pins and needles. After giving a reply to the charge sheet, whether the reply was accepted by the authorities concerned or not aggravates the anxiety. Your situation is understandable.

The official date to submit the reply was 11th March 2024. But you submitted it five days before the due date. Just because your reply has been received before the due date, does not mean that the authorities concerned will also apply their mind immediately. They have their priorities. Therefore, waiting for the outcome is the only solution. There is no remedy to this problem. In fact, after the due date, how many days it will take to consider your case is also uncertain. If the authorities decide to award the punishment, then there could be a review by the highest authority on the quantum of punishment.

Nevertheless, you were given more than sufficient time to give a reply. I wish you had taken benefit of the generosity and reviewed your reply from an experienced person. Anyway, we can't undo the past. Therefore, biding your time is the solution!

Thanks,

Dinesh Divekar

Thank you Dinesh Divekar Sir,

I was asked not to share the details with anyone and was warned that I might get in even more trouble if I do.

"there could be a review by the highest authority on the quantum of punishment" - Is this about the disciplinary enquiry, sir? Or can they award the punishment to me without one? And how the long the Disciplinary Enquiry takes?

I think it is too early to expect a reply from the management. Much would depend on your reply. If it was a simple straight-forward acceptance of charges it would be easy and a response could be expected in a fortnight. But where the reply is denial, then there has to be a serious appraisal of the evidence, other factors and also the witnesses as well as the appointment of Inquiry Officer, Presenting Officer, etc. A more serious matter is where the employee justifies the action taken and it would require deeper consideration of the contentions and arrive at a decision as to whether the employee is admitting the charges or not. If is not, then the process for denial charge has to be gone through. This would be time-consuming.

Dear KK!HR

As of the more serious matter, As of the employee justifies the charges and agrees to the them. Is it necessary to conduct a domestic/disciplinary enquiry to carry forward the issue or will it be straight to punishment such as warning letter/termination? Can you please let me know?

There is a legal principle in dealing with such reply to charges, one has to read both the inculpatory matter (ie., amounting to the acceptance of the charge) and the exculpatory part (i.e. which is denying the charges) together and then arrive at a conclusion. The acceptance of the charge has to be explicit and unconditional to base it on taking further action.