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Free letter template · Word

Termination for Misconduct Letter

A termination for misconduct letter communicates the outcome of a disciplinary process where proven misconduct leads to dismissal or termination. It is issued only after a charge sheet, the employee's reply and a fair inquiry, and it records the charges, findings, penalty and the basis in the standing orders or conduct policy.

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[Company Logo][Company Name]

ORDER OF TERMINATION – MISCONDUCT

Ref. No.:
[Reference Number]
Date:
[Date]

Strictly Private and Confidential

To,
[Employee Name]
[Designation], [Department]
Employee ID: [Employee ID]
[Employee Address]

Subject: Order on Disciplinary Proceedings – Charge Sheet No. [Reference Number]

Dear [Employee Name],

A charge sheet dated [Date] was issued to you alleging the following misconduct under Clause [Clause Number] of the [Certified Standing Orders / Code of Conduct]:

  1. [Charge 1 as stated in the charge sheet]
  2. [Charge 2 as stated in the charge sheet]

You submitted your reply on [Date]. As the reply was not found satisfactory, a domestic inquiry was conducted by [Inquiry Officer Name] on [Dates]. You were given full opportunity to attend, to be accompanied by a co-worker as permitted, to cross-examine witnesses and to present your defence.

The inquiry officer, in the report dated [Date], found the charges [proved / partly proved] for the following reasons: [brief summary of findings]. A copy of the report was sent to you on [Date], and your representation dated [Date] has been carefully considered.

Having regard to the gravity of the misconduct, your past record and the findings, the disciplinary authority has decided to impose the penalty of [termination / dismissal] from service under Clause [Clause Number] of the [Certified Standing Orders / Code of Conduct], with effect from [Last Working Day].

Your earned wages, leave encashment and other dues payable under law and policy will be settled within [number] days, after adjusting lawful recoveries. Please return all company property to [HR Name] by [Date].

You may appeal against this order in writing to [Appellate Authority] within [number] days of receipt.

Yours faithfully,

Disciplinary Authority
[Authorised Signatory]
[Designation]
For [Company Name]
Received by
[Employee Name]
Date: [Date]

What this template includes

  • Reference to charge sheet, reply and inquiry dates
  • Charges stated factually
  • Summary of inquiry findings
  • Note that the employee's representation on findings was considered
  • Penalty imposed with standing orders or policy clause
  • Treatment of dues under law and policy
  • Right of appeal and timeline

When to use it

  • A domestic inquiry has found charges of misconduct proved
  • The disciplinary authority has considered the inquiry report and the employee's comments on it
  • The standing orders or code of conduct provide termination or dismissal as a penalty
  • Serious matters such as fraud, theft, violence or harassment have been established after inquiry

How to customise this template

  1. 1Copy charges word for word from the charge sheet
  2. 2Summarise only findings recorded in the inquiry report
  3. 3Insert the exact clause of the certified standing orders or conduct policy
  4. 4Ensure the penalty is proportionate and consistent with past cases
  5. 5Get legal review before issue

HR tips

  • Never skip the show-cause and inquiry steps
  • Do not use words like thief or fraudster; describe the act as found
  • Release all earned wages and statutory dues as required by law
  • Keep inquiry records safely in case of a legal challenge

Dismissal for misconduct must follow natural justice and the certified standing orders or applicable conduct rules. This template is a starting point only; review it against the inquiry record, standing orders, applicable labour laws, the Labour Codes and state rules, with a legal adviser before issue.

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Frequently asked questions

Can an employee be terminated for misconduct without an inquiry?+

In most cases a fair process is expected: a charge sheet, an opportunity to reply and a domestic inquiry. Termination without it may be challenged, so take legal advice.

What is the difference between termination and dismissal for misconduct?+

The terms are often used loosely. Dismissal usually refers to a disciplinary penalty for proven misconduct, while termination can also mean ending employment under notice terms. Use the term your standing orders use.

Is gratuity payable if an employee is dismissed for misconduct?+

Gratuity can be forfeited only in limited situations specified by law and usually requires a specific order. Seek legal advice before withholding it.