Dear Experts,
A disciplinary action was initiated against one of our employees. In this process, the Enquiry Officer has submitted his Final Report to the Management. In the said report, the Enquiry Officer has come to the conclusion that the charges leveled against the employee are proven, and hence, the delinquent employee is guilty of all charges in accordance with the misconducts referred to in the Standing Orders of the Company.
Query on Handling the Enquiry Officer's Report
Now, my query is whether we can send the copy of the Report of the Enquiry Officer exclusively to the employee concerned to obtain his views, or otherwise, we can send the Second Show Cause notice attaching a copy of the Enquiry Officer's Report for him to submit his explanation for the proposed punishment (i.e., to say Suspension or Dismissal from service) for the proven charges in the enquiry held? In the case of revealing the punishment in the show cause notice, will it not be presumed as pre-determined punishment?
I request the experts concerned for suitable advice in this matter.
Regards,
V. Sridharan
From India, Mumbai
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25A disciplinary action was initiated against one of our employees. In this process, the Enquiry Officer has submitted his Final Report to the Management. In the said report, the Enquiry Officer has come to the conclusion that the charges leveled against the employee are proven, and hence, the delinquent employee is guilty of all charges in accordance with the misconducts referred to in the Standing Orders of the Company.
Query on Handling the Enquiry Officer's Report
Now, my query is whether we can send the copy of the Report of the Enquiry Officer exclusively to the employee concerned to obtain his views, or otherwise, we can send the Second Show Cause notice attaching a copy of the Enquiry Officer's Report for him to submit his explanation for the proposed punishment (i.e., to say Suspension or Dismissal from service) for the proven charges in the enquiry held? In the case of revealing the punishment in the show cause notice, will it not be presumed as pre-determined punishment?
I request the experts concerned for suitable advice in this matter.
Regards,
V. Sridharan
From India, Mumbai
Acknowledge(0)Amend(0)
For dismissal of service, you need to send a second show-cause notice with the enquiry officer's report mentioning that the charges are proved and grave, explaining why you should not be dismissed from service and calling for your reply. In the dismissal order, you can include all the details and proceed with the dismissal from service. For other minor punishments, a second show-cause notice is not mandatory. Hope this information is helpful.
From India, New Delhi
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From India, New Delhi
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Handbook for Enquiry Officers & Disciplinary Authorities 2013.pdf
DISCIPLINARY ACTION.ppt