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Jagdish Vasta (Service)     21 June 2008

REGISTERED AD

Dear All,

 

Can anyone tell me why do we in HR send charge sheets / show-Cause notice via Registered post – acknowledgment due.

 

Is there any legalities to it, that if we send it by registered ad acknowledgement due there is a legal santity attached to it.

 

Kindly put forward your views on it, for not only my benefit but to all on this site

 

 

Regards,

 

Jagdish Vasta



 7 Replies

amit gupta_lawyer (lawyer)     21 June 2008

the practice is prevelent just because its considered as the best way of post still now and the best way to communicate in written and here u get the acknowledgement also from the other side that the communication is been made to the relevant person.

Jagdish Vasta (Service)     21 June 2008

Thanks amit for your response.


Regards,


Jagdish

H. S. Thukral (Lawyer)     21 June 2008

Chargesheet/showcause notice is sent to the employee by post if he is not present in the work place i.e. if he happens to be on suspension . It can be served by other methods also. If the employee is present in the office it can be delivered in person. there is no rule that it has to be sent by registered post.    .

jagdish (Service)     22 June 2008

Thanks Sir.... I thought whether in any act or does it prove to be a legal document if sent by Registered AD.


Regards,


Jagdish

H. S. Thukral (Lawyer)     22 June 2008

Issuance of chargesheet is a step in the direction of providing natural justice to a deliquent employee. therefore it should be seen that he is given an opportunity to know the charges and reply to them. How the employee is given notice of the charges, whether by post or in person is not important.  

jagdish (Service)     22 June 2008

so that means if an employee is under suspension can we send his chargesheet / show-cause notice via courrier or even by ordinary post?


Pls respond


Jagdish Vasta

H. S. Thukral (Lawyer)     23 June 2008

 In most of the cases the discipilinary authority is different from the complainant. Therefore the discipilinary authority, in a show of  fairness and justice issues a show cause notice to the employee to know his version vis-a-vis misconduct alleged against him. . The service by a courier and with the proof of delivery of the notice is a proper service. A chargesheeted employee can deny that he did not have information of the charges, if the chargesheet is sent by oridinary post and thus he has been denied natural justice. . Even at the time of holding an inquiry if the charges are read out to the employee / a copy of the show cause notice is given to the employee and he is asked to submit the explaination, requirement of natural justice shall be met. In some cases when the circumstances were not congenial to holding an inquiry , employee was dismissed san inquiry and charges were sought to be proved in the court, employer was held to be jusrtified in its action. Therefore the question of delivery of chargeshee or a show casue notice by a particular mean is not germane to the issue. the issue is in normal cirucmstances a discipilinary authority should seek explaination from the employee by apprising him of the charges agasint him. How the charges are conveyed would not be relevant. .  


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