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Avinash Kumar Sharma (Sr. Manager HR)     28 January 2012

Warning letter

Dear All,

If an employee does some misconduct defined in certifying standing orders of the company and later on confesses his guilt in written form then in that situation can we issue warning letter directly to him without serving show cause notice? Is show cause notice necessary before taking any action especially in the above case?

Regards,

Avinash 



 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     29 January 2012

In my opinion show cause notice is not necessary, because he has admitted is guilty

1 Like

jagadish paranjape (Advocate)     29 January 2012

Show cause is given to seek explaination from the employee about alleged misconduct. If the employee accepts his guilt,then show cause is an unnecessary empty formality.

1 Like

Rajesh Hazra (Mediator Mediation Counsel)     29 January 2012

A second show cause is always better with the essence of fair and natural justice, and once this is over penalty can be imposed on with the provisions of Standing orders of the Company.

1 Like

Dr J C Vashista (Lawyer)     29 January 2012

Legally show cause and equiry is must before issue of any punishment irrespective of quantum.

jagadish paranjape (Advocate)     29 January 2012

Under standing orders domestic enquiry is necessary only for major punishments like dismissal.For smaller punishments like warning,suspension not exceeding 4 days,no enquiry is necessary and mere show cause is enough.In this case since the guilt is admitted,even showcause notice is not required and warning can be issued.However writted document where guilt is admitted is necessary in case the employee retracts from admission.

1 Like

Avinash Kumar Sharma (Sr. Manager HR)     29 January 2012

Dear Sirs,

There is one more query. Can he be fired (terminated), if he is under probation period without serving show cause notice to him?

Regards,

Avinash

jagadish paranjape (Advocate)     30 January 2012

Probation is meant to judge the suitability of probationer for job.To judge suitability one has to wait till completion of probation period.If the terminaton is challanged ,there should be material to show that decision was arrived at objectively.

1 Like

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