I think you may call the employee and get an undertaking from him that he had indeed been abusive and used filthy language. That he repents his action and apologizes if his job can be saved. Thereafter, on humanitarian grounds, the management may forgive him and give him one last chance to improve his conduct.
From India, New Delhi

Dear Mr. S. Manohar,

In a short time, a plethora of excellent postings have appeared from the learned members.

May I present my views as under:

When seen from a priority and safety point of view, it has to be ensured that the recorded enquiry proceedings are on a fair and firm footing. It should be robust to withstand a possible legal battle in the future.

Apart from enquiry proceedings, is there a Standing Order that provides for the punishment of Dismissal? Has the employee been given a copy of the standing order when he joined, or were the contents explained to him in a formal training session or during induction? I am not sure whether this is mandatory by Law.

Having ensured the above, comes the punishment aspect of the case. The management may take the call, taking an overall view. This could be, in addition to whatever suggestions already made, a demotion or stopping an increment, or as deemed appropriate. This via media ensures two things: Punishment awarded to the guilty and sympathetic consideration has taken place.

V. Raghunathan
Navi Mumbai

From India

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