Office Memo
Legal Eagle
(Querist) 13 November 2008
This query is : Resolved
How many office memos have to be issued to an employee in order to issue a charge sheet against him. Is there any procudure to be followed. Is there is any specific book which can be referred to?
Guest
(Expert) 13 November 2008
It all depends on the bye laws of the organisation. Different organisation have different procedures.
My advise would be it is not the number but the accuracy of the memo proper serice and observance of principles of natural justice, these things will matter and not the number of office memos.
If you serve it on the first instance, then why repeat it.
Murali Krishna
(Expert) 13 November 2008
You don't have to get any memo to receive a charge sheet.
Any misconduct will attract a charge sheet.
A. A. JOSE
(Expert) 14 November 2008
Dear Kashmira,
Before chargesheeting an employees, it is advisable to issue him/her a show-cause notice and elicit his/her reply to the same within a stipulated time-frame. As has been rightly pointed out by the experts hereinabove, unless there is a requirement as per the company's standing orders, there is no legal requirement to repeat the memo/show cause notice please.
There are several good books available in the market on the subject. I would suggest that you may refer any one of the following:
1. Swamy's manual on disciplinary proceedings.
2. Law relating to disciplinary proceeding in industries by H.L Kumar.
3.Guide to departmental enquiries, punishments, appeals,etc. by Bhatnagar
4. P.V.Ramakrishna's guide to departmental enquiries.
5. Ghaya's guide to departmental proeedings,etc.
With best wishes,
A.A.JOSE
H. S. Thukral
(Expert) 14 November 2008
There is no condition or rule that charge sheet should be preceded by a memo. Employer can issue charge sheet straightway. Not to talk of a chargesheet, an employee, in case of serious misconduct, can be suspended and charge sheet can follow.
Regarding book, Ghaiye's Departmental Inquiries is a good book to refer.
