Framing of Charge sheet – Important facts to be complied with.

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 Framing of Charge sheet – Important facts to be complied with.

Employee communication is one of the core and vital functions of HR discipline which builds amicable rapport between employees and the company. Any communication held between the company and its employees must be clear, fair and understandable to make the communication meaningful and to serve the purpose for which such communication transpires. Nevertheless, it has been observed, specially in cases of disciplinary action, that charge sheet/statement of imputations is not drafted properly covering the sine-qua-non and technical aspects due to which the stand of the disciplinary contemplation gets weakened putting the action of the management on the verge of unacceptability.

It may be agreed that principles of imposing accusation firmly advocate for framing of charges and statement of imputations to be clearly defined with strong contentions to survive dilution of the managerial stand in dealing with such matters, and as such, in order to ensure the fitness of things, while drafting a charge sheet, the following measures are construed appropriate to be complied in light of the provisions of respective Certified Standing Orders (CSO) of the company:

1.   The language of the charge-sheet should be simple and clear.

2. The charge(s) must be specific, precise and should speak clearly the responsibility of the employee for the misconduct.                                                                                                       

3.   The statement of imputations should give full details of the incident including date, time, place, details of witness(s), evidence(s), etc. concerning the incident, if any.

4. Relevant clause of misconduct under which charge(s) is/are framed should be mentioned clearly.

5.  Concluding para of the draft must include the specific time frame within which the employee has to submit explanation in writing. Further, it should clearly be mentioned there the further stand to be undertaken in case of non-receipt of any explanation by the employee concerned within the prescribed time limit.

6.  To maintain relevance, a charge sheet must be served in a timely manner through physical mode in receipt, postal mode at home address recorded in the service book/Form-A of the employee concerned or through publication by pasting the same in the notice board of the office and keeping a snap of the same for record purpose.

7.  If suspension of employee is contemplated by the Disciplinary Authority (DA), the same must be served in a separate letter and not with the charge sheet itself.

8. Charge sheet/Statement of imputations must be served to employee concerned in a sealed envelope with proper docketing number and date of dispatch.

9.   Any other fact, as deemed fit, may be included.

 

                                                                           -----xxx-----

Comments

  1. Radheshyam ChouhanFebruary 09, 2023

    Thank you so much Sir! It will be helpful to all the HR fraternity while dealing disciplinary proceedings.

    ReplyDelete

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