Can an Employee in Patna, India, Who Has Received a Show Cause Notice and Warning Letter, Submit a Resignation and Be Officially Released from Duties?

Hello everyone,

A few months ago, one of our employees received a show cause notice, followed by a warning letter. Currently, this individual is contemplating resignation.

Is he allowed to submit his resignation?

If allowed, can he be officially released from his duties at the job?

I would appreciate any insights or advice on this matter.

Yes, an employee who has received a show cause notice and a warning letter can submit his resignation. However, the acceptance of this resignation is at the discretion of the employer.

If the employer accepts the resignation, the employee can be officially released from his duties. The release process will follow the standard resignation procedure, which includes serving a notice period as mentioned in the employment contract.

However, if there are pending disciplinary proceedings against the employee, the employer might choose to continue with these proceedings even after the resignation. In such a case, the employer can withhold the relieving letter until the completion of the proceedings.

Here are the steps the employee should follow:

1. Submit a formal resignation letter to the employer.
2. Serve the notice period as per the employment contract.
3. Cooperate with any ongoing investigations or proceedings.

Please note that the above information is based on general HR practices and the actual process may vary depending on the company's policies and the specific details of the case. It's always advisable to consult with a labor law expert or a legal advisor for precise guidance.

Dear member,

For committing misconduct, your company's administration issued a show-cause notice to the employee. Presumably, after receiving the reply, he was given a warning letter. Please note that the issuance of a warning letter is a form of punishment. Once the authority concerned awards the punishment, the process of discipline ends, and in simple terms, the matter is closed.

An employee serves the organisation willingly. Whether to continue or discontinue his services is his personal choice. Therefore, at any time, the employee can resign. On what grounds would you like to link an employee's past misconduct with his decision to separate from the organisation? Both issues are independent and cannot have a bearing on each other.

Yes, sometimes, when the domestic enquiry is in progress, if the employee resigns, to facilitate the enquiry proceedings, the authorities concerned may hold the resignation in abeyance. However, resignation can be withheld only till the completion of the enquiry and the punishment is awarded and not after awarding the punishment.

Thanks,

Dinesh Divekar