Dear Seniors, Please explain the difference between a charge sheet and show cause notice?
From India, Mettupalayam
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27From India, Mettupalayam
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Dear Colleague,
The memos that are very important in the case of Disciplinary Action for misconducts are Charge Sheet or Show Cause Notice. Even though these words are used interchangeably in practice, there is a difference in what is what.
"All Show Cause Notices need not proceed to Disciplinary Action. But all Charge Sheets must lead to Disciplinary Action as the next process."
Show Cause Notice - Normally, when some misconduct is committed by a workman or group of workmen and the facts of the case are not very glaring, and the documents relied upon for disciplinary action need further inquiry, then it is better to issue a Show Cause Notice. Here, the known facts of the incident/misconduct are narrated, and the employees are asked to submit in writing a detailed explanation for the said incident/misconduct from their side. Here, the other side of the coin needs to be understood crystal clear. Then based on the reply, the next stage of Domestic Enquiry is ordered to probe into the matter and come out with findings. Here, based on the reply to the SCN, the charges in the Standing Orders may be corrected and then suit the Misconduct Clause, and then further the Management may issue a Charge Sheet. Hence, in short, when there is a need to call for more clarity or facts from the concerned, use a Show Cause Notice. (SCN). In the case of SCN, if the explanation is to the satisfaction of the Management, then the notice will be closed and will not lead to further actions.
In the case of a Charge Sheet, it is issued when there is enough proof/concrete evidence that the employees have committed the misconduct and there is a prima facie case to proceed. When there is a high amount of proven misconduct, then a direct Charge Sheet/Suspension Pending Enquiry may be ordered. Then based on the explanation, the Domestic Enquiry is conducted.
Some companies in their Standing Orders use the words "Show Cause Notice" or "Charge Sheet", and in such cases, the notices are to be captioned appropriately and not otherwise. Some of my known companies in their standing order have both SCN and CS. In the beginning of the Disciplinary Process, a Show Cause Notice is issued, and based on the explanation, further Charges are framed, and a CS is issued. Next is the Domestic Enquiry.
In short, SCN and CS are, even though interchangeably used in general situations, in the legal parlance, there is a difference in terms of wordings, purpose, nomenclature in standing orders, and further actions linked to it.
SCN is a preliminary notice issued calling for an explanation, and Charge sheet mentions clear clauses of misconduct in the standing order. In both cases, an explanation is called for, and based on the merits, further actions are taken.
For example: An employee is continuously absenting himself from duty for more than 10 days, for example. The reason for such absence is not known, whether for any medical reasons or otherwise. Here it is apt to issue a SCN. Based on the explanation and further facts understood, the next disciplinary process can be decided, or if the explanation is satisfactory, the SCN is dropped.
In another case, when someone is caught red-handed when doing proxy attendance or in the theft of company property and security caught with full evidence, it is appropriate to issue a Charge Sheet. Here the question will be asked, "As to why the employee should not be put under disciplinary action and if needed pending inquiry suspension as the case may be."
Above all, go with the provisions of the Standing Orders on how SCN/CS are explained.
From India, Chennai
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The memos that are very important in the case of Disciplinary Action for misconducts are Charge Sheet or Show Cause Notice. Even though these words are used interchangeably in practice, there is a difference in what is what.
"All Show Cause Notices need not proceed to Disciplinary Action. But all Charge Sheets must lead to Disciplinary Action as the next process."
Show Cause Notice - Normally, when some misconduct is committed by a workman or group of workmen and the facts of the case are not very glaring, and the documents relied upon for disciplinary action need further inquiry, then it is better to issue a Show Cause Notice. Here, the known facts of the incident/misconduct are narrated, and the employees are asked to submit in writing a detailed explanation for the said incident/misconduct from their side. Here, the other side of the coin needs to be understood crystal clear. Then based on the reply, the next stage of Domestic Enquiry is ordered to probe into the matter and come out with findings. Here, based on the reply to the SCN, the charges in the Standing Orders may be corrected and then suit the Misconduct Clause, and then further the Management may issue a Charge Sheet. Hence, in short, when there is a need to call for more clarity or facts from the concerned, use a Show Cause Notice. (SCN). In the case of SCN, if the explanation is to the satisfaction of the Management, then the notice will be closed and will not lead to further actions.
In the case of a Charge Sheet, it is issued when there is enough proof/concrete evidence that the employees have committed the misconduct and there is a prima facie case to proceed. When there is a high amount of proven misconduct, then a direct Charge Sheet/Suspension Pending Enquiry may be ordered. Then based on the explanation, the Domestic Enquiry is conducted.
Some companies in their Standing Orders use the words "Show Cause Notice" or "Charge Sheet", and in such cases, the notices are to be captioned appropriately and not otherwise. Some of my known companies in their standing order have both SCN and CS. In the beginning of the Disciplinary Process, a Show Cause Notice is issued, and based on the explanation, further Charges are framed, and a CS is issued. Next is the Domestic Enquiry.
In short, SCN and CS are, even though interchangeably used in general situations, in the legal parlance, there is a difference in terms of wordings, purpose, nomenclature in standing orders, and further actions linked to it.
SCN is a preliminary notice issued calling for an explanation, and Charge sheet mentions clear clauses of misconduct in the standing order. In both cases, an explanation is called for, and based on the merits, further actions are taken.
For example: An employee is continuously absenting himself from duty for more than 10 days, for example. The reason for such absence is not known, whether for any medical reasons or otherwise. Here it is apt to issue a SCN. Based on the explanation and further facts understood, the next disciplinary process can be decided, or if the explanation is satisfactory, the SCN is dropped.
In another case, when someone is caught red-handed when doing proxy attendance or in the theft of company property and security caught with full evidence, it is appropriate to issue a Charge Sheet. Here the question will be asked, "As to why the employee should not be put under disciplinary action and if needed pending inquiry suspension as the case may be."
Above all, go with the provisions of the Standing Orders on how SCN/CS are explained.
From India, Chennai
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