charge sheet %26 enquiry

8/2/2019 Charge Sheet %26 Enquiry

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Step One

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Date

Mr. Ram Kishan

S/o Shri. Ram LakhanMachinist

Machine Shop

Employee Code: 10906

Sub: Charge Sheet

Mr. Ram Lakhan,

It has been reported that while you were on duty in the Kitchen ( pl. name the

Section/Department) on 26th August 2009,(mention the correct date) at about 3.30 p.m.(mention the correct Time), you along with some other employees, namely ( name all of

them), without any reason or provocation, suddenly assaulted Mr..and thoroughly

beat him up in the presence of ..(name the witnesses) inflicting upon him injuries inthe face, head and other parts of his body ( name the areas where injuries were found, if

any).

You even threatened him with dire consequences and harm to his life.

The other workers and Staff members present there at that time came to the rescue of theMr and with difficulty managed to save him from further beating and physicalassault

Such violent behaviour on your part in physically assaulting your co-employee and thenabusing him and threatening him with harm to his life amounts to acts of Gross Misconduct

as per Clause 10(a) of the Companys Standing Orders which read as under:

(Mention the exact clause as written in the Standing Orders)

You are therefore hereby called upon to explain in writing within 48 hours of receiving the

Letter of Charges as to why appropriate disciplinary action should not be taken against youfor your above mentioned acts of gross misconduct.

Should you fail to submit your written explanation within the above stipulated time, it willbe inferred that you admit the charges leveled against you and that you do not have any

explanation to offer in your defence.


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In such eventuality, the management will be at liberty to take necessary disciplinary action

against you, as it deems proper, under the circumstances.

However, since the Charges levelled against you are extremely serious in nature and since

your presence in the establishment premises are detrimental to the overall discipline of the

establishment, it is deemed expedient to suspend you from your duties with immediateeffect.

During the period of your suspension, you will not be allowed to enter the establishmentpremises. However, you shall be entitled to receive subsistence allowance as per provisions

of applicable law, during the period of your suspension, from the date of your suspension.

You are also hereby advised to report at the Security Room/Gate, at 10 am daily. (this isoptional and at the discretion of the management)

For ABC Co.

Authorized Signatory

( Separate Charge Sheet & Suspension Letters will have to be issued to each of theemployees responsible for the cats of violence and physical assault)


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Very Important Steps to be taken:

1. Without wasting a moment take written statements about the incident from:

a. The employees who were witness to the incident. Add names of the

witnesses in the Charge Sheet ONLY if you are sure that they will come

and depose before the Enquiry Officer.

b. Security Guard and S.O. ( If they were involved)

c. Get a Medical certificate from a Doctor, if the employee was taken to a Dr.

and if there were any injuries on him.

d. Since such acts of physical assault is a Criminal Act, you may lode an FIRwith the concerned Police Station against those involved.

2. The written statements will be important documents which will be used to establish

the Charges leveled against the Charge Sheeted worker.The concerned employees will be the Management Witnesses.

3. Date, Time, Place, language used by the workers when he threatened the Supervisor

etcshould be clearly mentioned in the written reports.

4. All reports should be separately written and signed by each worker, Staff who were

witness to the incident.

5. All this should happen NOW. Tomorrow will be late. Afterthoughts and change ofmind etcare bound to happen.

Step Two

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Once you receive the written explanation of the workers:

Date

Mr. Ram KishanS/o Shri. Ram Lakhan

Machinist

Machine Shop

Employee Code: 10906


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Mr. Ram Lakhan,

You written explanation datedin response to the Charge Sheet dated..issuedto you, has been received on.

The explanation offered by has been carefully considered by the management and it findsyour reply unsatisfactory.

It has therefore been decided been decided to institute a Domestic Enquiry to investigate

into the Charges leveled against you vide Charge Sheet dated.and to grant to full andfair opportunity to defend yourself against the same.

Mr.Ram lal Ahuja, of the Legal Section of the Company has been appointed as the Enquiry

Offer to conduct the Domestic Enquiry. He will communicate with you directly and informyou about the date, time and venue of the Enquiry.

For ABC Co.

Authorised Signatory


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Step Three

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Then issue a letter to the Enquiry Officer formally appointing him as the EO, requesting

him to inform the Charge Sheeted worker about the date, time and venue of the enquiry.Send him a copy of the Charge Sheet along with the letter as an annexure.

Step Four------------

The EO will then issue a letter to the workman giving details about the date, time and

venue where he will conduct the Enquiry.

Both these letters will be worded very carefully to make the managements case strong.

Then the Domestic Enquiry will start.


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Please remember if any action is taken by the Police and a Criminal case is registered

against the concerned employees, this action will be independent of the action taken by themanagement.

charge sheet %26 enquiry

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