Charge Sheet and Domestic Inquiry conducted

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asked on May 17, 2015 at 03:24
A preliminary inquiry was conducted with this employee and he denied his wrongdoings during the inquiry.
After the inquiry, I asked him to submit his written statement on the allegation as he is a Manager and he can write his own statement.
He still denied the allegation and an investigation was done.
On completion of the investigation, a charge sheet was issued to him to attend a Domestic Inquiry.
Is it a must that a show cause letter be issued before a charge sheet is issued to him to attend a DI?
Since he has denied in his written statement, is it wrong to issue him a charge sheet to attend a DI without giving him a show cause letter?
Most of the article I read insist on show cause letter to be issued before a DI.
Without this show cause letter, will the employer's case fail because of missing procedure?
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2 Answers
answered on May 20, 2015 at 03:53
It is not mandatory for show cause to be issued first. So long as the Company gives the employee opportunity to present his side of the story, there is no breach of principles of natural justice. In this case the preliminary inquiry can be said to be equivalent to show cause letter.
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answered on May 20, 2015 at 12:37
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