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Punishment Communication

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Submitted By ngavishter
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Industrial Relations End term submission
Name – Nitin Gavishter, Roll No. – 2014038
--------------------------------------------------------------------------------------------------------------------------------------
DATE: 26/10/2015
Ref: HR/TER/002/08

To
Mr. Rajeev K
Employee Code: 11919
Logistics Officer
D/no-20, 3rd Cross Jalahalli Cross
Bangalore

Dear Ramesh K

Subject: Decision of disciplinary committee after enquiry

This has reference to the charge sheet dated 15th of September 2015, issued to you for physical and verbal abuse of a coworker and the subsequent enquiry held therein. This letter communicates the decision of disciplinary committee concerning the recommendation for disciplinary action against you.
1. On 15th of September 2015 you were issued a charge sheet for alleged ‘Gross Misconduct’ on duty. You were charged for physical/verbal assault and threatening a fellow employee of Bisleri International. Given the seriousness of the offences levelled, you were suspended pending enquiry and asked to submit within 48 hours, a written explanation as to why no disciplinary action should be initiated against you.
2. On 26th of September 2015, you were given a show cause notice asking for your explanation, so as to explain your behaviour in the case of gross misconduct levied against you.
3. On 27th of September 2015, we received in writing, your explanation of the case. You tried to convey that such behaviour was rather common and acceptable in the industry. You argued that the remarks made were not in an aggressive manner rather in a ‘good humoured spirit’. However, it is pertinent to state that the disciplinary committee found explanations given by you to be vague, baseless and unsatisfactory.
4. A disciplinary conference was conducted on 28th September. The proceedings involved the Management Representative and Defence Representative presenting their respective cases, producing documentary evidence, examining and cross-examining witnesses. We discussed the impact your work problems were having on department operations.

5. During the conference we also reviewed your past behaviour and performance. After going through your past records, we found that there were no extenuating circumstances in you favour. You have been involved in heated verbal arguments frequently in the past at the workplace.
6. On the basis of enquiry findings and other connected papers we concur with the findings of the enquiry officer that the charges levelled against you in the charge sheet dated 15th September 2015, has been proven beyond any reasonable doubt and therefore we hold you guilty of the said charges.
7. Based on our review of all information available, including prior disciplinary actions, your current unsatisfactory performance, and your comments (or lack of comments) during the disciplinary conference, we regret to inform that you are being dismissed from your position effective 26th October 2015.
Your final payment of dues including salary for 1 month in lieu of notice will be made to you in the office on or before 27th October 2015 during office hours on any working day after you hand over the charge. You are also requested to deposit the company Id and any other company property entrusted to you during your employment with us.

We wish you all success in your future.
Yours faithfully,

Mr/Ms
XYZ
Head of Human Resources
Bisleri International Pvt ltd
Bangalore

*Signing authority as specified in the Standing Orders

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