Dear Experts: A disciplinary action was initiated against one of our employees. In this process, the Enquiry Officer has submitted his Final Report to the Management. In the said report, the Enquiry Officer has come to the conclusion that the charges levelled against the employee are proved and hence, the delinquent employee is guilty of all charges in accordance with the misconducts referred to in the Standing Orders of the Company.
Now my query is - Whether we can send the copy of the Report of Enquiry Officer exclusively to the employee concerned to obtain his views or otherwise we can send the Second Show Cause notice attaching Copy of Enquiry Officer's Report as him to submit his explanation for the proposed punishment (i.e. to say Suspension or Dismissal from service) for the proven charges in the enquiry held? In the case of revealing the punishment in the show cause notice, will it not be presumed as pre-determined punishment?
I request the experts concerned for suitable advise in this matter, Regards, V Sridharan
From India, Mumbai
25Now my query is - Whether we can send the copy of the Report of Enquiry Officer exclusively to the employee concerned to obtain his views or otherwise we can send the Second Show Cause notice attaching Copy of Enquiry Officer's Report as him to submit his explanation for the proposed punishment (i.e. to say Suspension or Dismissal from service) for the proven charges in the enquiry held? In the case of revealing the punishment in the show cause notice, will it not be presumed as pre-determined punishment?
I request the experts concerned for suitable advise in this matter, Regards, V Sridharan
From India, Mumbai
For dismissal of service, you need to send second show cause notice with the enquiry officer report mentioning as the charges are proved and grave why you should not be dismissed from service calling for his reply. In the dismissal order you can mention all the details and dismiss from service. For other minor punishments, second show notice not mandatory. Hope this would suffice.
From India, New Delhi
From India, New Delhi
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SHOW CAUSE NOTICE.pdf
Show Cause Notice.doc