Hi Seniors, many thanks for reviewing this query. I had a few questions for your kind inputs and references. Can I issue a show cause notice to a company driver for any accidents or mishaps caused while he is driving the vehicle? Can anyone suggest a proper format for the same? Can the difference between the insurance coverage and the resultant cost of repairs, alterations, or replacements be imposed as a penalty on the said driver?
Best Regards,
Kiran Tulpule
From India, Mumbai
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1Best Regards,
Kiran Tulpule
From India, Mumbai
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Conducting a Domestic Enquiry for Incident Investigation
Regarding the incident you described, I recommend conducting a domestic enquiry. Do not settle with a show cause notice alone. Firstly, establish the culpability of the accused before deciding on any punishment.
The Enquiry Officer (EO) should focus on investigating the facts and assessing the gravity of the misconduct. In the enquiry, the EO should address the following points:
- Was the driver on duty?
- How many hours was he on duty when the incident occurred? Did he have adequate rest? Was he under the influence of alcohol?
- How long has he been performing his duties as a driver? When did he obtain his driver's license? Is the license valid?
- What training was provided to him?
- What type of vehicle was he driving? Was anyone beside him when he started driving recklessly? Did anyone warn him about his reckless driving?
- What is the extent of damage to the vehicle and other company property?
- Have any employees stored personal belongings, and have they been damaged?
- Were there any injuries? How severe are the injuries (minor/major/fatal)? Did any injury result in an absence from work?
The EO should focus on gathering facts and evidence. Photos can be taken as needed for evidence. The accused must have a fair chance to defend their case. However, the EO cannot recommend any punishment. It is the management's responsibility to decide on the appropriate punishment based on the enquiry report.
Imposing Penalties and Wage Forfeiture
Regarding your question about imposing the difference between insurance coverage and repair costs as a penalty on the driver, it can be done. However, any wage forfeiture as a punishment should not be excessive. The Supreme Court has ruled against the complete recovery of amounts from an employee's salary.
Additionally, wage forfeitures can be done in installments, but the Supreme Court mandates that the worker should receive at least 50% of their gross salary.
I hope this response addresses your concerns. Other senior members like Mr. Madhu TK can also provide input.
Thank you,
Dinesh V Divekar
"Beware of false knowledge; it is more dangerous than ignorance."
From India, Bangalore
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Regarding the incident you described, I recommend conducting a domestic enquiry. Do not settle with a show cause notice alone. Firstly, establish the culpability of the accused before deciding on any punishment.
The Enquiry Officer (EO) should focus on investigating the facts and assessing the gravity of the misconduct. In the enquiry, the EO should address the following points:
- Was the driver on duty?
- How many hours was he on duty when the incident occurred? Did he have adequate rest? Was he under the influence of alcohol?
- How long has he been performing his duties as a driver? When did he obtain his driver's license? Is the license valid?
- What training was provided to him?
- What type of vehicle was he driving? Was anyone beside him when he started driving recklessly? Did anyone warn him about his reckless driving?
- What is the extent of damage to the vehicle and other company property?
- Have any employees stored personal belongings, and have they been damaged?
- Were there any injuries? How severe are the injuries (minor/major/fatal)? Did any injury result in an absence from work?
The EO should focus on gathering facts and evidence. Photos can be taken as needed for evidence. The accused must have a fair chance to defend their case. However, the EO cannot recommend any punishment. It is the management's responsibility to decide on the appropriate punishment based on the enquiry report.
Imposing Penalties and Wage Forfeiture
Regarding your question about imposing the difference between insurance coverage and repair costs as a penalty on the driver, it can be done. However, any wage forfeiture as a punishment should not be excessive. The Supreme Court has ruled against the complete recovery of amounts from an employee's salary.
Additionally, wage forfeitures can be done in installments, but the Supreme Court mandates that the worker should receive at least 50% of their gross salary.
I hope this response addresses your concerns. Other senior members like Mr. Madhu TK can also provide input.
Thank you,
Dinesh V Divekar
"Beware of false knowledge; it is more dangerous than ignorance."
From India, Bangalore
Acknowledge(0)Amend(0)
Format of the Enquiry
The format of the enquiry could be as follows:
- **Letter of Authorization:** A letter of authorization to the Enquiry Officer (EO) to conduct the enquiry. Management should authorize the EO to write letters to witnesses or the accused to appear before the enquiry.
- **Terms of Reference:** The terms of reference of the enquiry.
- **Incident Narration:** A brief narration of the incident followed by a detailed narration.
- **Accused Statement:** A statement from the accused.
- **Witness Statements:** Recording the statements of witnesses one by one. Each question and answer should be recorded, and witnesses should sign each page. There is no need to provide copies of the records to the witnesses. Record any cross-examination by the accused.
- **Exhibits:** Exhibits in the form of photographs, Xerox copies, etc.
- **Recommendation by EO:** The EO should clearly write on what counts the accused employee was found guilty. Use the Standing Orders if available. If not, refer to the Standing Orders Act, 1946. Clearly mention under which paragraph number and clause number the accused was found guilty. Additionally, the EO should mention the breakdown of the value of damage to the company's property.
- **Show Cause Notice:** Once the enquiry is over, issue the show cause notice to the employee and obtain their reply.
- **Management Decision:** If the reply is found satisfactory, management can acquit the employee. However, if the reply is not satisfactory, management can award the punishment.
You can refer to the past posts of this forum for additional insights:
- https://www.citehr.com/201564-charge...tml#post908482
- https://www.citehr.com/323288-employ...company-2.html
- https://www.citehr.com/371256-discip...ml#post1713725
Before proceeding with the enquiry, issue the charge sheet to the employee. Be careful with the wording of the charge sheet.
Regards,
DVD
From India, Bangalore
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The format of the enquiry could be as follows:
- **Letter of Authorization:** A letter of authorization to the Enquiry Officer (EO) to conduct the enquiry. Management should authorize the EO to write letters to witnesses or the accused to appear before the enquiry.
- **Terms of Reference:** The terms of reference of the enquiry.
- **Incident Narration:** A brief narration of the incident followed by a detailed narration.
- **Accused Statement:** A statement from the accused.
- **Witness Statements:** Recording the statements of witnesses one by one. Each question and answer should be recorded, and witnesses should sign each page. There is no need to provide copies of the records to the witnesses. Record any cross-examination by the accused.
- **Exhibits:** Exhibits in the form of photographs, Xerox copies, etc.
- **Recommendation by EO:** The EO should clearly write on what counts the accused employee was found guilty. Use the Standing Orders if available. If not, refer to the Standing Orders Act, 1946. Clearly mention under which paragraph number and clause number the accused was found guilty. Additionally, the EO should mention the breakdown of the value of damage to the company's property.
- **Show Cause Notice:** Once the enquiry is over, issue the show cause notice to the employee and obtain their reply.
- **Management Decision:** If the reply is found satisfactory, management can acquit the employee. However, if the reply is not satisfactory, management can award the punishment.
You can refer to the past posts of this forum for additional insights:
- https://www.citehr.com/201564-charge...tml#post908482
- https://www.citehr.com/323288-employ...company-2.html
- https://www.citehr.com/371256-discip...ml#post1713725
Before proceeding with the enquiry, issue the charge sheet to the employee. Be careful with the wording of the charge sheet.
Regards,
DVD
From India, Bangalore
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Dear Sir, Thank you for the detailed elaboration. The case here is that of gross negligence, as the accident occurred due to the non-application of parking brakes on a heavy vehicle while on a slope. This led to the vehicle colliding with the one ahead of it within the time the driver got out. Both vehicles are owned by the same company, and as such, there is twice as much damage to be taken into account by one and the same management. The company has been lenient in the past over much smaller mishaps but would like to set a strong example. I would be really grateful if I could receive guidance on drafting the show cause notice.
Many Thanks!! Kiran Tulpule.
From India, Mumbai
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Many Thanks!! Kiran Tulpule.
From India, Mumbai
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