Understanding the Difference Between a Charge Sheet and a Disciplinary Action Sheet: What Comes Next?

Dear all,

I need to know the difference between a Disciplinary Action Sheet and a Charge Sheet. Are they different, or are they the same thing? I also want to know what the next steps are after issuing a charge sheet and a disciplinary action sheet.

Please help me out.

Cheers,
Pankaj

The difference between a Charge Sheet is the primary stage sheet, which is issued for the charges mentioned against an employee. A Disciplinary Action Sheet is the sheet containing charges proved against an employee and the action taken by the company.

Cheers,
SJ 😀

Mr. Pankaj,

"Charge sheet" is a document in which you shall explain the misconduct of the employee in the form of "Article of Charge" and the charge sheet shall also contain the documents/witnesses by which you propose to substantiate the charges.

"Disciplinary action sheet" is, if I am correct, the communication to the accused employee that disciplinary action is proposed to be taken against him for his misconduct by enclosing the charge sheet, etc.

Regards,
Govans

Hi,

These are the steps involved. Just have a look at it and decide where the Disciplinary Action Sheet falls as I have not heard this terminology before.

1. Receive Complaint
2. Issue show cause notice asking why disciplinary action should not be initiated
3. Receipt of reply
4. Decide whether the reply is satisfactory or not
5. If the reply is not satisfactory, proceed with disciplinary action
6. Issue Charge sheet indicating the charges under which the action is proposed to be taken
7. Fix enquiry officer and date
8. Communicate the appointment of enquiry officer and the first date of hearing
9. Enquiry by Enquiry officer
10. Enquiry officer submits report
11. If found guilty, issue show cause as to why punishment should not be awarded and specify the punishment
12. Receipt of reply
13. If the reply is not satisfactory, impose the punishment

I might have missed some minor steps, but these are the steps involved. You can now decide where the Disciplinary Sheet falls.

Siva

Hi,

What Siva has mentioned is absolutely right. Let me add only one point to it.

In S.No. 11, he has mentioned the Show Cause Notice. It is called the Second Show Cause Notice. When we send the Second Show Cause Notice, we have to enclose the copy of the Enquiry Findings. If the Enquiry Findings are not sent to the delinquent and punishment is inflicted, then it will vitiate the enquiry proceedings. If challenged, the order of the management will be reversed by the Labour Court.

Hope Siva will agree with me.

Thanks & Regards,

Kalyan R
Manager - Personnel
Sundaram-Clayton Ltd
Brakes Division
Chennai
Mobile: 9840942232

Hi Kalyan,

You are absolutely right. It is called Second Show Cause Notice. I did not elaborate much on it. Second Show Cause itself is a big subject. Right from who has to sign, reasons for taking the decisions, when a second show cause is required, and if Standing Orders have no such provision, is it to be issued? All questions and clarifications need to be given. There are a few judgments on this subject too.

Siva

A charge sheet is issued to an employee when prima facie evidence is found against them under the conduct and discipline rules of the company. In the charge sheet, a statement of allegations is served to the employee, and they are asked to explain the reasons why disciplinary action cannot be initiated against them. If the employee's reply is found satisfactory, no disciplinary action is taken. However, if their response is unsatisfactory, an inquiry committee is set up, and the employee is given a full opportunity to defend their case. They have the right to seek support from other employees or a lawyer to defend their case.

Based on the findings of the inquiry committee, the employer then awards an appropriate punishment to the employee. If the employee is not satisfied with the findings of the inquiry committee and the punishment awarded, they can seek recourse in court. If a punishment is awarded by the employer without issuing a charge sheet or setting up an inquiry committee, the court may direct the employer to revoke the punishment awarded, fulfill the aforementioned set norms first, and then award punishment, or exonerate the employee by giving the benefit of the doubt.