Kindly let me know the difference between Charge sheet and show cause?
From India, Calcutta
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From India, Calcutta
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Dear,
In my view, in a show cause notice, you can ask an individual about his explanation before issuing a charge sheet. In preliminary investigation, you can issue a show cause to see whether charges are established against the individual or not. A charge sheet is a specific document based on which an individual is asked for an explanation.
From India, Delhi
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174In my view, in a show cause notice, you can ask an individual about his explanation before issuing a charge sheet. In preliminary investigation, you can issue a show cause to see whether charges are established against the individual or not. A charge sheet is a specific document based on which an individual is asked for an explanation.
From India, Delhi
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Hello Moumita,
A show cause is to give a chance to the individual to give his part of the story/issue after someone—usually his/her boss—complains. There can be instances when his version could be more logical/reasonable, whereupon the complainant is informed, and the issue is closed. That's where it always pays for the complainant to do his/her homework properly before complaining—whichever/whatever situation it may be—since though officially no harm is done, it becomes a loss of face in many instances leading to later ego issues.
If the show cause isn't convincing enough, that's when the charge sheet is issued—usually the first step towards firm action against the employee.
Rgds,
TS
From India, Hyderabad
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A show cause is to give a chance to the individual to give his part of the story/issue after someone—usually his/her boss—complains. There can be instances when his version could be more logical/reasonable, whereupon the complainant is informed, and the issue is closed. That's where it always pays for the complainant to do his/her homework properly before complaining—whichever/whatever situation it may be—since though officially no harm is done, it becomes a loss of face in many instances leading to later ego issues.
If the show cause isn't convincing enough, that's when the charge sheet is issued—usually the first step towards firm action against the employee.
Rgds,
TS
From India, Hyderabad
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Momutia,
Show cause is to be given to those who make mistakes lightly, such as habitual late entry, smoking, and abusing, etc. A charge sheet is given to those who engage in misconduct, and this is the first step towards disciplining an employee.
Thank you.
From India, Jhajjar
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Show cause is to be given to those who make mistakes lightly, such as habitual late entry, smoking, and abusing, etc. A charge sheet is given to those who engage in misconduct, and this is the first step towards disciplining an employee.
Thank you.
From India, Jhajjar
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Dear Moumita_happy,
Mr. Malik has answered your query perfectly. I would like to just add: "Charge sheet is a specific document" and is issued prior to holding a Departmental Enquiry. In fact, during the D.E., the "prosecution" tries to prove the charges, and the Charge-Sheeted Employee "defends" himself against the alleged charges.
Thus, a Show Cause Notice can be issued for any infringement of rules and procedures; whereas a Charge Sheet is issued when an employee commits misconduct, as defined specifically in the Standing Orders or Conduct Rules. Also, a Charge Sheet is issued for major misconduct, and a Departmental Enquiry is inevitable, following the issue of the Charge Sheet. In fact, that is the purpose of issuing a Charge Sheet.
Warm regards.
From India, Delhi
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Mr. Malik has answered your query perfectly. I would like to just add: "Charge sheet is a specific document" and is issued prior to holding a Departmental Enquiry. In fact, during the D.E., the "prosecution" tries to prove the charges, and the Charge-Sheeted Employee "defends" himself against the alleged charges.
Thus, a Show Cause Notice can be issued for any infringement of rules and procedures; whereas a Charge Sheet is issued when an employee commits misconduct, as defined specifically in the Standing Orders or Conduct Rules. Also, a Charge Sheet is issued for major misconduct, and a Departmental Enquiry is inevitable, following the issue of the Charge Sheet. In fact, that is the purpose of issuing a Charge Sheet.
Warm regards.
From India, Delhi
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Dear HR Colleagues,
Could anybody please send me the format for terminating employees due to misconduct or poor performance? Your assistance in this matter would be greatly appreciated.
Regards,
Chandru
Executive - HR
From India, Bangalore
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Could anybody please send me the format for terminating employees due to misconduct or poor performance? Your assistance in this matter would be greatly appreciated.
Regards,
Chandru
Executive - HR
From India, Bangalore
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For all practical purposes, the Show Cause Notice and/or Charge Sheet or Explanation Letter are one and the same.
A Show Cause Notice contains the alleged act of misconduct and is issued under the signature and the office seal of the appropriate Punishing Authority.
Likewise, a charge sheet contains the alleged act of misconduct and is issued under the signature and the office seal of the appropriate Punishing Authority.
Furthermore, technically, the Explanation Letter is also similar to the Show Cause Notice. The only minor distinction is that in some establishments, an explanation letter is issued to non-worker cadre, whereas a show cause and charge sheet are issued to worker cadre.
It is inappropriate to make a distinction between Show Cause notice and charge sheet and consequently unnecessary to invest time, energy, and effort in routinely following sequential steps of first issuing a show cause and then issuing a charge sheet.
Initiating disciplinary action has to be based on three time-tested concepts of fairness, reasonableness, and propriety.
Thanks & Best Wishes
Harsh Kumar Sharan (XLRI Alumnus) Head - Executive Coaching & Training, IR Expert Kritarth Consulting (P) Ltd. New Delhi Email: hksharan@kritarth.com
From India, Delhi
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A Show Cause Notice contains the alleged act of misconduct and is issued under the signature and the office seal of the appropriate Punishing Authority.
Likewise, a charge sheet contains the alleged act of misconduct and is issued under the signature and the office seal of the appropriate Punishing Authority.
Furthermore, technically, the Explanation Letter is also similar to the Show Cause Notice. The only minor distinction is that in some establishments, an explanation letter is issued to non-worker cadre, whereas a show cause and charge sheet are issued to worker cadre.
It is inappropriate to make a distinction between Show Cause notice and charge sheet and consequently unnecessary to invest time, energy, and effort in routinely following sequential steps of first issuing a show cause and then issuing a charge sheet.
Initiating disciplinary action has to be based on three time-tested concepts of fairness, reasonableness, and propriety.
Thanks & Best Wishes
Harsh Kumar Sharan (XLRI Alumnus) Head - Executive Coaching & Training, IR Expert Kritarth Consulting (P) Ltd. New Delhi Email: hksharan@kritarth.com
From India, Delhi
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Dear friend,
An employer has to be very careful in taking action in disciplinary cases and awarding punishments. If the management fails to follow the principles of natural justice or the procedure prescribed in the standing orders applicable to it, its action is liable to be challenged. The courts have repeatedly laid emphasis on following the principles of natural justice under which the employer has to conform to a certain procedure in conducting a domestic enquiry before punishing an employee for misconduct.
Show cause notice
As a first step in the case of misconduct, the employee has to be informed specifically of the charges alleged against him, and his explanation should be called for. This is a show cause notice.
Charge sheet
If the explanation is not satisfactory or the employee does not accept the charges, then an enquiry should be held following the rules of natural justice in which he should be given all reasonable facilities to disprove the allegations made against him. In this case, you have to issue the employee with a charge sheet. In the charge sheet, you have to categorically mention all the charges and the seriousness of each charge. You may also combine notice of enquiry with the charge sheet.
If the date of the enquiry and enquiry officer is not fixed, you can issue a charge sheet mentioning that the date and E.O. will be notified in time.
In serious cases pending enquiry, the employee may be suspended.
(Though not asked for, the procedure for initiating disciplinary action is detailed below:
a. Issue of a letter of charge (charge sheet) to the employee calling for an explanation.
b. On receipt, consideration of the explanation.
c. If the explanation is not satisfactory or no explanation is received within the stipulated time, giving notice to the employee of an enquiry to be held into the charges leveled against him.
d. If it is a prima facie case of misconduct, notice of enquiry may be combined with the charge sheet without calling for an explanation in the first instance.
e. Holding of an enquiry giving full facility to the employee for being represented and heard at the enquiry. (Proceedings of the enquiry fully recorded)
f. Recording findings of the enquiry officer.
g. Consideration of the same by the authority empowered to take the decision and issue an order.
h. Informing the employee in writing of the punishment decided upon by management.)
From India, Kollam
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An employer has to be very careful in taking action in disciplinary cases and awarding punishments. If the management fails to follow the principles of natural justice or the procedure prescribed in the standing orders applicable to it, its action is liable to be challenged. The courts have repeatedly laid emphasis on following the principles of natural justice under which the employer has to conform to a certain procedure in conducting a domestic enquiry before punishing an employee for misconduct.
Show cause notice
As a first step in the case of misconduct, the employee has to be informed specifically of the charges alleged against him, and his explanation should be called for. This is a show cause notice.
Charge sheet
If the explanation is not satisfactory or the employee does not accept the charges, then an enquiry should be held following the rules of natural justice in which he should be given all reasonable facilities to disprove the allegations made against him. In this case, you have to issue the employee with a charge sheet. In the charge sheet, you have to categorically mention all the charges and the seriousness of each charge. You may also combine notice of enquiry with the charge sheet.
If the date of the enquiry and enquiry officer is not fixed, you can issue a charge sheet mentioning that the date and E.O. will be notified in time.
In serious cases pending enquiry, the employee may be suspended.
(Though not asked for, the procedure for initiating disciplinary action is detailed below:
a. Issue of a letter of charge (charge sheet) to the employee calling for an explanation.
b. On receipt, consideration of the explanation.
c. If the explanation is not satisfactory or no explanation is received within the stipulated time, giving notice to the employee of an enquiry to be held into the charges leveled against him.
d. If it is a prima facie case of misconduct, notice of enquiry may be combined with the charge sheet without calling for an explanation in the first instance.
e. Holding of an enquiry giving full facility to the employee for being represented and heard at the enquiry. (Proceedings of the enquiry fully recorded)
f. Recording findings of the enquiry officer.
g. Consideration of the same by the authority empowered to take the decision and issue an order.
h. Informing the employee in writing of the punishment decided upon by management.)
From India, Kollam
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Translated charge sheet shrigopal soni.doc