Vinod Shah (Journalist and RTI Specialist ) 01 June 2016

Validity of charge sheet issued to an employee

Dear Experts,

I am seeking answer of folowing questions which is related to validity of charge sheet and major penality with relevent constinutional provisions-

1) Can a Major Penality Charge Sheet be issued to an employee without issuing any show cause notice for the charges framed?

2) If an employee threatened and abused by his controlling officers in a closed room and due to fear no one want to become as witness then what evidance need to be produced in support of such incidences?

3) What should be maximum gap between reply of show cause notice by employee and issue of charge sheet against him?

Reply Follow

5 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 02 June 2016

GO THROUGH THE BELOW ATTACHMENT

Attached File : 71947 20160602093859 943614765 sc directions on chargesheets on employees.docx downloaded: 75 times

G.L.N. Prasad (Retired employee.) 02 June 2016

The authority must frame such rules and regulations and such disciplinary rules apply to individual employees working in organisation. The charge sheet should also state the time within which reply has to be submitted, and an employee can pray for extending such limit stating such specific reasons.In case no evidence is produced, that fact can not be established by employee and no employee tenders evidence against his superior apprehending further victimisation.

Ritesh Maity (Labour Law Advocate) 02 June 2016

1. Charge sheet can be issued even without issuing show cause notice even if the charges are of serious nature.

2. If an employee is threatened, he must complaint to the superior in writing. If required a formal police complaint can be lodged. Try to see if it is possible to get a CCTV/ audio recording of the incident if there is not witness.

3. There is no specific law about it, but in observance of principle of natural justice, a 15 days gap is fine.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 02 June 2016

1) Yes

2) When the charged employee is threatened, immediately thereafter what he did will prove the circumstantial evidence whether or not the statement of the employee is correct.

3) Reasonable time is allowed or as may be extended at the request of charged empoyee in the interest of natural justice. Also Organization policy or prescribed procedure will speak of.