Waiting for a Response to My Charge Sheet Reply: How Long is Normal and What Does Silence Mean?

Dear Advisors,

I was issued a charge sheet on 6th March, and I replied to it on the same date, explaining why I had to take 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 a response from them? How long should I wait for their response? What does it mean when they don't respond to my reply? Can someone please clarify my doubts?

Dear member,

Receiving a charge sheet puts one on pins and needles. After submitting a reply to the charge sheet, the uncertainty of whether the reply was accepted by the concerned authorities can increase 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 was received before the due date does not mean that the authorities will immediately address it. 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 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 provide a reply. I wish you had taken advantage of the generosity and reviewed your reply with 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.

Disciplinary Enquiry Concerns

"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 long does the Disciplinary Enquiry take?

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

Dear KK!HR,

Regarding the more serious matter, if the employee justifies the charges and agrees to them, is it necessary to conduct a domestic/disciplinary inquiry to address the issue, or can we proceed directly to punishment such as a warning letter or termination? Could you please provide guidance on this?

Thank you.

There is a legal principle in dealing with such a reply to charges. One has to consider both the inculpatory matter (i.e., amounting to the acceptance of the charge) and the exculpatory part (i.e., denying the charges) together before arriving at a conclusion. The acceptance of the charge must be explicit and unconditional to form the basis for taking further action.