Dear folks,
When we not receiving any explanation to the issued show cause notice on any misconduct from employee , can we presume that employee have nothing to explain and accepting the Misconduct or charges ? .
Can we proceed the disciplinary action further,
From India, Palakkad
14When we not receiving any explanation to the issued show cause notice on any misconduct from employee , can we presume that employee have nothing to explain and accepting the Misconduct or charges ? .
Can we proceed the disciplinary action further,
From India, Palakkad
When a reply to the SCN is not given/received, it can be inferred that deliquent employee has nothing to offer /submit about the allegations levelled against him and management is at liberty to initiate its further disciplinary proceedings as it deems fit, without any reference to the employee.
From India, Aizawl
From India, Aizawl
If a prima facie case has been established and the offence is quite serious, a charge-sheet cum enquiry may be prepared on the basis of the allegations made. It should be in writing, detailing the allegations of misconduct. It should also indicate the time within which the workmen charge-sheeted should submit his explanation and also place and date of the enquiry together with the name of the enquiry officer has to be served on the worker.
At the appointed time, on the appointed date and place the enquiry will commence by the enquiry officer whether the charge sheeted workmen present or not.
At the enquiry, whether the charge sheeted workmen present or not, the enquiry should be preceded. Even If he present/ or not present and pleads guilty in writing or not, adduce evidence, for the charge(s) and record the enquiry proceedings and close.
From India, Madras
At the appointed time, on the appointed date and place the enquiry will commence by the enquiry officer whether the charge sheeted workmen present or not.
At the enquiry, whether the charge sheeted workmen present or not, the enquiry should be preceded. Even If he present/ or not present and pleads guilty in writing or not, adduce evidence, for the charge(s) and record the enquiry proceedings and close.
From India, Madras
Hi,
What was the time frame given to the employee to respond to the show cause notice ? As per principles of natural justice the opponent should be provided with sufficient time frame to submit the explanation defending his side. You cannot proceed with unilateral disciplinary action.
From India, Madras
What was the time frame given to the employee to respond to the show cause notice ? As per principles of natural justice the opponent should be provided with sufficient time frame to submit the explanation defending his side. You cannot proceed with unilateral disciplinary action.
From India, Madras
You may think of giving further more time by a reminder communication to offer his explanation to the SCN before proceeding the further action, which would be fair in dealing with disciplinary matters.
From India, Mumbai
From India, Mumbai
Dear Lakshmi Narayanan Sir, Normally we give 3 days of time receipt of show cause memo ,
From India, Palakkad
From India, Palakkad
Every Show Cause Notice seeking reply/explanation from a delinquent employee will have a caveat that if no reply is received from him in writing within the time stipulated, it would be presumed that he has no reply/explanation to be offered and the matter will be decided on merits as per the Rules in force. Therefore, no reminder is necessary in this regard. It is only for the delinquent to seek further time or reply forthwith. But, before proceeding further, it should be ensured that the SCN has been served on the delinquent.
From India, Salem
From India, Salem
Presumtion Need Not Be the Priority in Workplace Disciplinary Action-Steps, Rather the Priority Be Obeying Principles of Natural Justice namely i) Employer/Management Can Not Be the Judge in its own Case (Presuming that since Reply is Not Received, The DCharge-sheeted Employee Has Nothing to State in her/His Defence) which Stand is Unlawful, Unethical, Immoral and Unfair, Unjust and Improper.
Employer Must First Ascertain / Verify the followig:-
Was the Show-Cause Notice issued /Served on the Receipient Addressee and Acknowledgement Obtained?
If Written Explanation/Reply in defence was Not Submitted withing the Specified/Stipulated Time, was the Delinquent Employee "Informed" of the Fact that i) Not Replying to Employer's Communication /Orde itself "Constitutes ?Act of Misconduct calling for Disciplinary Action?
and or
Was the Delinquent Employee informed s/he would not be allowed to resume Duty till s/he submits her/his Written Explanayion/Reply to the Show-Cause Notice?
If after following the aforesaid Disciplinary Action-Steps, the Delinquent Employee does not Act it would be in order for the Employer/Punishing Authority to proceed with appointing the Enquiry Officer/Committee who should proceed with Enquiry in accordance with Principles of Natural Justice and give all reasonable Opportunities to the Delinquent as well as to the Management Representative to present Management's Case beduring Enquiry Proceedings, May be ex parte Enquiry if and when the delinquuent Employee ABSTAIN from Enquiry
Kritarth Team
12. Dec 2019
From India, Delhi
Employer Must First Ascertain / Verify the followig:-
Was the Show-Cause Notice issued /Served on the Receipient Addressee and Acknowledgement Obtained?
If Written Explanation/Reply in defence was Not Submitted withing the Specified/Stipulated Time, was the Delinquent Employee "Informed" of the Fact that i) Not Replying to Employer's Communication /Orde itself "Constitutes ?Act of Misconduct calling for Disciplinary Action?
and or
Was the Delinquent Employee informed s/he would not be allowed to resume Duty till s/he submits her/his Written Explanayion/Reply to the Show-Cause Notice?
If after following the aforesaid Disciplinary Action-Steps, the Delinquent Employee does not Act it would be in order for the Employer/Punishing Authority to proceed with appointing the Enquiry Officer/Committee who should proceed with Enquiry in accordance with Principles of Natural Justice and give all reasonable Opportunities to the Delinquent as well as to the Management Representative to present Management's Case beduring Enquiry Proceedings, May be ex parte Enquiry if and when the delinquuent Employee ABSTAIN from Enquiry
Kritarth Team
12. Dec 2019
From India, Delhi
As Mr. Umakanthan has rightly pointed out that a 'reminder" to SCN is not necessary. If you give a reminder, then the very purpose of disciplinary proceedings shall fail. In the SCN itself, it can be mentioned - "your written explanation about the charges levelled against you, must reach to the undersigned within 72 hours of receipt of this show cause notice, failing which it shall be presumed that you have no explanation to offer and the matter shall be proceeded further, as the management shall deem fit and necessary, without any further notice/reference to you" and then proceed with issuing charge sheet and notice of Enquiry.
From India, Aizawl
From India, Aizawl
Ofcourse a reminder may not be necessary, legally. But it would be in fitness of things to display 'fair' trail i.e. adequate opportunity shall be given to defend the charged employee to record his views before the departmental enquiry is taken to the next stage. And that too 3 days time given also I feel inadequate to obtain his response. Needless to say there are many opportunities ahead once the follow up proceedings are initiated like framing of charges, further issue of detailed SCN, appointment of Presiding/Enquiry Officer etc. It's a better step to issue atleast one reminder before next step is initiated. It's all the more important to secure a record that the employee did really receive first SCN or not.
From India, Bangalore
From India, Bangalore
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SHOW CAUSE NOTICE.pdf
Show Cause Notice.doc