I.

What is Domestic Enquiry and Why it is necessary

When disciplinary action is proposed to be taken against an employee by way of dismissal or any
other punishment, domestic enquiry is conducted for the purpose of finding out whether the
proposed action is warranted. For various categories of employees, the holding of domestic enquiry
has been made obligatory either by Constitution u/Art. 311, or by statute, or rules and regulations
having the force of law, or Standing Orders under Industrial Employment (Standing Orders) Act,
1946, or awards / settlements under Industrial Disputes Act, 1947. A full fledged domestic enquiry
establishes the bona fide intentions of the employer.

II. Preliminary enquiry Domestic enquiry

a) Preliminary enquiry Legal position
i) Fact finding enquiry
Primary enquiry or preliminary enquiry is a fact finding enquiry but not domestic enquiry.
District Red Cross Society Hissar v. P.O. Labour Court-cum-Industrial Tribunal Hissar & Anr.,
2001 II LLN 554 (P&H.DB)
A preliminary enquiry is different from domestic enquiry. Both indicate different stages of
disciplinary action. Preliminary enquiry is normally conducted to collect material and evidence
for forming an opinion whether a full-fledged disciplinary enquiry is to be conducted against the
delinquent employee. Thus both are different and independent.
Tej Singh v. Deputy Inspector General of Police, PAC Agra, 1999 II CLR 112 (All.HC)

ii) It is an administrative action but not judicial or quasi-judicial

A preliminary enquiry is a pure administrative action and not a judicial or quasi judicial act
resulting neither in punishment nor exoneration of employee and does not affect any of the legal
rights of delinquent but merely guides employer whether to hold departmental proceedings
against employee or not, hence there is no obligation on disciplinary authority to disclose its
findings to the delinquent in a preliminary enquiry unless authority decides to use evidence and
materials collected in preliminary enquiry against delinquent in departmental enquiry.
A.K. Kraipak v. Union of India, 1970 AIR (SC) 150 (S.C.CB)
The Depot Manager, Andhra Pradesh State Road Transport Corpn. Medak v. Mohd. Ismail &
Anr., 1997 I LLJ 1192 (AP.DB)
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