Hi Seniors,
Many thanks for reviewing this query. had a few ?'s for your kind inputs and references.
Can i issue a show cause notice to a company driver for any accident / mishaps caused while he's driving the vehicle. Can any one suggest a proper format for the same. Can the difference between the insurance coverage and resultant cost of repairs / alternations / replacements be imposed as a penalty on the said driver?
Best Regards,
Kiran Tulpule
From India, Mumbai
1Many thanks for reviewing this query. had a few ?'s for your kind inputs and references.
Can i issue a show cause notice to a company driver for any accident / mishaps caused while he's driving the vehicle. Can any one suggest a proper format for the same. Can the difference between the insurance coverage and resultant cost of repairs / alternations / replacements be imposed as a penalty on the said driver?
Best Regards,
Kiran Tulpule
From India, Mumbai
Dear Kiran,
Going by the incident that you have described, I recommend you conducting the domestic enquiry. Don't just settle with show cause notice. First let the culpability of the accused be established. Punishment comes later.
Enquiry Officer (EO) should only investigate the facts and assess the gravity of the misconduct. EO should cover following points in the enquiry:
a) Was the driver on duty
b) For how many hours he was on duty when the incident took place? Did he have adequate sleep? Was he under the influence of alcohol?
c) For how many years or months he has been doing this driver's duty? When did he acquire his driver's licence? Is the licence valid one?
d) What kind of training he was provided?
e) What kind of vehicle did he drive? When the driver started rash driving was anyone sitting next to him? Did that person caution him for rash driving?
f) What is the damage to the vehicle and other company's property?
g) Did any employee keep his/her personal belongings and have these been damaged?
h) Was there any injury to anyone? How grave is the injury (minor/major/fatal)? Did this injury cause anyone's absence from work?
EO should only investigate the facts and record the evidence. EO can take the photographs where required to generate evidence. The accused should be given complete chance to defend his case. However, EO cannot recommend any punishment. Based on the enquiry report, it is the job of management to award punishment to the guilty.
Now reply to your last question. You have asked "Can any one suggest a proper format for the same. Can the difference between the insurance coverage and resultant cost of repairs / alternations / replacements be imposed as a penalty on the said driver?"
Yes you can do so but the punishment awarded in the form of forfeiture of wages should not be exorbitant. Supreme Court has several times ruled that management should refrain from recovery of complete amount from the workman's salary.
Secondly, please remember that you can forfeit his wages in instalments. However, supreme court has ruled that worker should take 50% of his gross salary.
Hope my reply satisfies you. Other senior members like Mr Madhu TK can also contribute.
Thanks,
Dinesh V Divekar
Beware of false knowledge; it is more dangerous than ignorance.
From India, Bangalore
Going by the incident that you have described, I recommend you conducting the domestic enquiry. Don't just settle with show cause notice. First let the culpability of the accused be established. Punishment comes later.
Enquiry Officer (EO) should only investigate the facts and assess the gravity of the misconduct. EO should cover following points in the enquiry:
a) Was the driver on duty
b) For how many hours he was on duty when the incident took place? Did he have adequate sleep? Was he under the influence of alcohol?
c) For how many years or months he has been doing this driver's duty? When did he acquire his driver's licence? Is the licence valid one?
d) What kind of training he was provided?
e) What kind of vehicle did he drive? When the driver started rash driving was anyone sitting next to him? Did that person caution him for rash driving?
f) What is the damage to the vehicle and other company's property?
g) Did any employee keep his/her personal belongings and have these been damaged?
h) Was there any injury to anyone? How grave is the injury (minor/major/fatal)? Did this injury cause anyone's absence from work?
EO should only investigate the facts and record the evidence. EO can take the photographs where required to generate evidence. The accused should be given complete chance to defend his case. However, EO cannot recommend any punishment. Based on the enquiry report, it is the job of management to award punishment to the guilty.
Now reply to your last question. You have asked "Can any one suggest a proper format for the same. Can the difference between the insurance coverage and resultant cost of repairs / alternations / replacements be imposed as a penalty on the said driver?"
Yes you can do so but the punishment awarded in the form of forfeiture of wages should not be exorbitant. Supreme Court has several times ruled that management should refrain from recovery of complete amount from the workman's salary.
Secondly, please remember that you can forfeit his wages in instalments. However, supreme court has ruled that worker should take 50% of his gross salary.
Hope my reply satisfies you. Other senior members like Mr Madhu TK can also contribute.
Thanks,
Dinesh V Divekar
Beware of false knowledge; it is more dangerous than ignorance.
From India, Bangalore
Dear Kiran,
Format of the enquiry could be as below:
a) Letter to authorisation to EO to conduct the enquiry. Management should authorise EO to write letters to witnesses or the accused to depose before the enquiry.
b) Terms of reference of the enquiry.
c) Brief narration of the incident
d) Detailed narration of the incident
e) Statement from the accused
f) Recording the statements of witnesses one by one. Each question and answer should be recorded. Witness should sign on each page. No need to give copy of the records to the witness. Record cross-examination by the accused if any.
f) Exhibits in the form of photographs, xerox copies etc
g) Recommendation by the EO. Here EO should clearly write on what counts the accused employee was found guilty. Take help of Standing Orders if you have them. If your company does not have standing orders then take help of Standing Orders Act, 1946. Mention clearly under what paragraph number, clause number accused was found guilty. Secondly, EO should mention about the breakdown of the value of damage to the company's property.
h) Once the enquiry is over, issue the show cause notice to the employee and obtain the reply.
i) If the reply is found satisfactory, management can acquit the employee however, if the reply is not found satisfactory then management can award the punishment.
You can refer the past posts of this forum also. These are as below:
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 going ahead with enquiry, issue the charge sheet to the employee. Be careful of the wording of the charge sheet.
Ok...
DVD
From India, Bangalore
Format of the enquiry could be as below:
a) Letter to authorisation to EO to conduct the enquiry. Management should authorise EO to write letters to witnesses or the accused to depose before the enquiry.
b) Terms of reference of the enquiry.
c) Brief narration of the incident
d) Detailed narration of the incident
e) Statement from the accused
f) Recording the statements of witnesses one by one. Each question and answer should be recorded. Witness should sign on each page. No need to give copy of the records to the witness. Record cross-examination by the accused if any.
f) Exhibits in the form of photographs, xerox copies etc
g) Recommendation by the EO. Here EO should clearly write on what counts the accused employee was found guilty. Take help of Standing Orders if you have them. If your company does not have standing orders then take help of Standing Orders Act, 1946. Mention clearly under what paragraph number, clause number accused was found guilty. Secondly, EO should mention about the breakdown of the value of damage to the company's property.
h) Once the enquiry is over, issue the show cause notice to the employee and obtain the reply.
i) If the reply is found satisfactory, management can acquit the employee however, if the reply is not found satisfactory then management can award the punishment.
You can refer the past posts of this forum also. These are as below:
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 going ahead with enquiry, issue the charge sheet to the employee. Be careful of the wording of the charge sheet.
Ok...
DVD
From India, Bangalore
Dear Sir,
Thanks for the detailed elaboration.
The case here is that of gross negligence as the accident occured due to non application of parking brakes of a heavy vehicle while on a slope leading to the vehicle colliding with the one ahead of it within the time the driver got out. Both the 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. would be really grateful if i could receive guidance on drafting the show cause notice.
Many Thanks!!
Kiran Tulpule.
From India, Mumbai
Thanks for the detailed elaboration.
The case here is that of gross negligence as the accident occured due to non application of parking brakes of a heavy vehicle while on a slope leading to the vehicle colliding with the one ahead of it within the time the driver got out. Both the 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. 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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SHOW CAUSE NOTICE.pdf
Show Cause Notice.doc