Domestic Inquary Process or Proceedure

Presentation Of
Domestic Inquiry Procedure
Khandkar Shabbir Ahmad

PIET MBA IN HR -3RD SEMESTER
INTRODUCTION
Definition:
A domestic inquiry is an internal hearing held by an employee to ascertain whether an employee is guilty of misconduct. The purpose of
this inquiry is to find out the truth of the allegations made against the workman.
For the smooth functioning of an industry, the defined codes of discipline, contracts of service by awards, agreements and standing
orders must be adhered to. In the event of an employee not complying with these codes of conduct, he is liable to face disciplinary actions initiated
by the Management according to the Standing Order. This procedure is called Domestic Enquiry and it is conducted in accordance with the standing
order/agreements.
Dismissal in the industrial court involves Two criteria's as:-
A. That there was proper grounds for terminating the employee.
B. That procedure by which the employee was terminated was fair .
Importance:
Following are the four principles:
1. Every person must have a reasonable notice of the case he has to meet if his civil rights are affected.
2. Every person must have the opportunity to be heard to defend himself.
3. The case must be heard by an impartial tribunal.
4. The authority must act fairly and reasonably and not arbitrarily.
 Principle of Domestic Enquiry:
1. Rule of Natural Justice must be observed.

2. The delinquent is entitled to a just hearing.
3. He can call for his own evidence.
4. Cross-examine any witness called by the prosecution.
5. W here rules are laid down, the procedure of such rules must be followed.
6. Disclose to the employee concerned, the documents of records and offer him an opportunity to deal with it.
7. Do not examine any witness in the absence of the employee.
8. The enquiry officer is at liberty to disallow any evidence after recording the reasons in writing.
 Concept:
Section 20 of the Industrial Relation act 1967,does not mealy examine whether there were proper grounds for the employer to terminate the service of the
employee but also examines whether the process by which the employee was terminated was fair or unfair.
Domestic enquiry is not considered as a legal requirement under the Industrial Disputes Act, or other substantive laws such as the Factories act, Mines Act, etc. but
has been provided under the standing orders to be framed in the Industrial Employment (Standing Order Act) 1946. As a result it is now well-established that such
standing orders have the force of law and constitute statutory terms of employment.
 Process or Procedure of Domestic Enquiry:
There are several step's of domestic Inquiry the case of misconduct is established. The following stages of disciplinary enquiry should be
followed:-
 Charge sheet: When the management comes to know that a particular act of misconduct has been committed by an
employee, Issue and service of a charge sheet calling upon a employee to submit an explanation
 Consideration of explanation: If explanation is satisfactory level then procedure end this level.
 Enquiry: Giving notice of an enquiry into the charge in case unsatisfactory explanation.
Enquiry means:
(a) Hearing of the Case
(b) Recording Evidence
(c) Admitting Documents
(d) General completion of the records upon which a finding would be based
 Suspension: Suspension with pay or without pay, if suspect then enquiry is pending
 Enquiry into the charge:
A. Deciding as who should conduct
B. Deciding as how to process
C. Deciding about the order of the examining witnesses.
 Role of the Enquiry Officer:
An Enquiry Officer is an agent of the Disciplinary Authority on a fact finding mission. He is
expected to conduct the enquiry in an impartial, unbiased, fair way with open mind. He should not take the role of the
Presenting Officer or Defence Representative.
 Functions of Enquiry Officer An Enquiry Officer should complete the enquiry and submit his findings to the Disciplinary
Authority as expeditiously as possible. To this end he should:
(a) Ensure that the employee is present during all sittings of the enquiry. Without his presence, enquiry should not be
conducted.
(b) At the enquiry, ensure identity of the employee and ascertain basic details about him, such as name, age, etc.
(c) Ask the employee whether he has received the charge sheet quoting the charge sheet number and date.
 Punishment:
On receipt of the proceedings and findings of the Enquiry Officer, the Disciplinary Authority should
forward a copy of the findings of the Enquiry Officer to the delinquent employee and advise him to submit his comments on
the findings of the Enquiry Officer within a specific period of time. On receipt delinquent employee’s comments or after
expiry of specific period of time given to delinquent employee to submit his comments, the Disciplinary Authority should
come to his own conclusion by going through all the papers and applying his mind dispassionately. He should also record his
views on the Enquiry Officer’s findings in respect of each charge separately.
 Communication of punishment:
 Show Cause Notice: After deciding the punishment for the misconduct proved against the employee the Disciplinary Authority should
issue a show cause notice furnishing his order and proposing the punishment and advising the employee to show cause why such a
punishment should not be awarded to him.
 Consideration of the Past Record: The Disciplinary Authority should also go into the past record of the employee while
awarding the punishment. When it is favourable to the employee and the misconduct committed by and approved against him is of a minor
nature, the Disciplinary Authority may take a lenient view. In case of adverse past record, it should be disclosed to him (employee) in the
show cause notice and he should be given an opportunity to explain the same.
 Appeal: An employee can appeal to the Appellate Authority against the decision of the Disciplinary Authority. But it should be done
within a specified time limit from the date of communication of the final order of punishment by the Disciplinary Authority. The
Appellate Authority should also give a personal hearing to the employee if so required by him in case of dismissal. He may also be
permitted to be represented by a Defence Representative. At the stage of appeal, the punishment awarded by the Disciplinary
Authority can only be retained or reduced but not enhanced by the Appellate Authority. The appellate authority should dispose of the
appeal within a stipulated time.
Thank You

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Presentation Of

Domestic Inquiry Procedure

Khandkar Shabbir Ahmad

1. Rule of Natural Justice must be observed.

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