Dear folks,
When we are not receiving any explanation to the issued show cause notice on any misconduct from an employee, can we presume that the employee has nothing to explain and is accepting the misconduct or charges? Can we proceed with the disciplinary action further?
From India, Palakkad
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14When we are not receiving any explanation to the issued show cause notice on any misconduct from an employee, can we presume that the employee has nothing to explain and is accepting the misconduct or charges? Can we proceed with the disciplinary action further?
From India, Palakkad
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When a reply to the SCN is not given or received, it can be inferred that the delinquent employee has nothing to offer or submit about the allegations leveled against him. Management is at liberty to initiate further disciplinary proceedings as it deems fit, without any reference to the employee.
From India, Aizawl
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From India, Aizawl
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If a prima facie case has been established and the offense is quite serious, a charge-sheet cum inquiry 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 charged should submit his explanation and also the place and date of the inquiry together with the name of the inquiry officer to be served on the worker.
At the appointed time, on the appointed date and place, the inquiry will commence by the inquiry officer, whether the charged workmen are present or not.
At the inquiry, whether the charged workmen are present or not, the inquiry should proceed. Even if he is present or not present and pleads guilty in writing or not, adduce evidence for the charge(s) and record the inquiry proceedings and close.
From India, Madras
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At the appointed time, on the appointed date and place, the inquiry will commence by the inquiry officer, whether the charged workmen are present or not.
At the inquiry, whether the charged workmen are present or not, the inquiry should proceed. Even if he is present or not present and pleads guilty in writing or not, adduce evidence for the charge(s) and record the inquiry proceedings and close.
From India, Madras
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Hi,
What was the timeframe given to the employee to respond to the show-cause notice? As per the principles of natural justice, the opponent should be provided with a sufficient timeframe to submit an explanation defending their side. You cannot proceed with unilateral disciplinary action.
From India, Madras
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What was the timeframe given to the employee to respond to the show-cause notice? As per the principles of natural justice, the opponent should be provided with a sufficient timeframe to submit an explanation defending their side. You cannot proceed with unilateral disciplinary action.
From India, Madras
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You may think of giving more time by sending a reminder communication to allow him to offer his explanation to the SCN before taking further action. This approach would be fair when dealing with disciplinary matters.
From India, Mumbai
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From India, Mumbai
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Dear Lakshmi Narayanan Sir, Normally we give 3 days of time receipt of show cause memo ,
From India, Palakkad
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From India, Palakkad
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Every Show Cause Notice seeking a 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
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From India, Salem
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Presumption Need Not Be the Priority in Workplace Disciplinary Action-Steps. Rather, the Priority Should Be Obeying Principles of Natural Justice, Namely:
i) Employer/Management Cannot Be the Judge in Its Own Case (Presuming that since a Reply is Not Received, the Charged Employee Has Nothing to State in His/Her Defence). This Stand is Unlawful, Unethical, Immoral, and Unfair, Unjust, and Improper.
Employers Must First Ascertain/Verify the Following:
Was the Show-Cause Notice Issued/Served on the Recipient Addressee, and Was an Acknowledgement Obtained?
If a Written Explanation/Reply in Defense Was Not Submitted Within the Specified/Stipulated Time, Was the Delinquent Employee Informed of the Fact that:
i) Not Replying to the Employer's Communication/Order Itself Constitutes an Act of Misconduct Calling for Disciplinary Action?
and/or
Was the Delinquent Employee Informed that They Would Not Be Allowed to Resume Duty Until They Submit Their Written Explanation/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. The Officer/Committee Should Proceed with the Enquiry in Accordance with the Principles of Natural Justice and Provide all Reasonable Opportunities to the Delinquent Employee as well as to the Management Representative to Present Management's Case During the Enquiry Proceedings. There May Be an Ex Parte Enquiry if and When the Delinquent Employee Abstains from the Enquiry.
Kritarth Team
12th December 2019
From India, Delhi
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i) Employer/Management Cannot Be the Judge in Its Own Case (Presuming that since a Reply is Not Received, the Charged Employee Has Nothing to State in His/Her Defence). This Stand is Unlawful, Unethical, Immoral, and Unfair, Unjust, and Improper.
Employers Must First Ascertain/Verify the Following:
Was the Show-Cause Notice Issued/Served on the Recipient Addressee, and Was an Acknowledgement Obtained?
If a Written Explanation/Reply in Defense Was Not Submitted Within the Specified/Stipulated Time, Was the Delinquent Employee Informed of the Fact that:
i) Not Replying to the Employer's Communication/Order Itself Constitutes an Act of Misconduct Calling for Disciplinary Action?
and/or
Was the Delinquent Employee Informed that They Would Not Be Allowed to Resume Duty Until They Submit Their Written Explanation/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. The Officer/Committee Should Proceed with the Enquiry in Accordance with the Principles of Natural Justice and Provide all Reasonable Opportunities to the Delinquent Employee as well as to the Management Representative to Present Management's Case During the Enquiry Proceedings. There May Be an Ex Parte Enquiry if and When the Delinquent Employee Abstains from the Enquiry.
Kritarth Team
12th December 2019
From India, Delhi
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As Mr. Umakanthan has rightly pointed out, 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 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 deems fit and necessary, without any further notice or reference to you," and then proceed with issuing the charge sheet and notice of the inquiry.
From India, Aizawl
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From India, Aizawl
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Of course, a reminder may not be necessary legally. But it would be in the fitness of things to display a 'fair' trial, i.e., adequate opportunity should be given to defend the charged employee and to record his views before the departmental inquiry progresses to the next stage. Also, giving only 3 days for a response seems inadequate to me. It is worth noting that there are many opportunities in the follow-up proceedings such as framing of charges, issuing a detailed show-cause notice, and appointing a Presiding/Enquiry Officer, etc. Issuing at least one reminder before proceeding to the next step would be a prudent step. It is especially important to have a record confirming whether the employee actually received the initial show-cause notice or not.
From India, Bangalore
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From India, Bangalore
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