Professional Documents
Culture Documents
Domestic Enquiry Procedures
Domestic Enquiry Procedures
Domestic Enquiry Procedures
INTRODUCTION
MANAGEMENT OF DISCIPLINARY ACTION Disciplinary action should be preceded by proper domestic enquiry Improper domestic enquiry Scrutiny by Labour or Higher Courts Defective Domestic Enquiry should be free from flaws
DOMESTIC ENQUIRY:
The in-house act of department in search for truth or information as to some affairs or happenings of the house or dept. involving departmental employee. It is a proceeding of quasi-judicial nature to be conducted in a manner to ensure a fair deal to the accused employee. DOMESTIC ENQUIRY is an enquiry into the conduct of an employee. Charges are framed and after observing the principles of Natural Justice an order of punishment or otherwise is passed by the competent authority.
TO FIND OUT
i) ii) iii) Who is responsible How the offence was committed Whether such conduct could have been avoided had the standing instructions on the subject been properly followed by the incumbent.
COMPLAINT
Complaint is report containing allegations main weapon of the prosecution Letter of complaint is the key to the launching of enquiry Complaint should reflect the truth and the actual situations, witnesses and evidences as the burden of proof lies on the employer Unambiguous
COMPLAINT
Transperant
Should contain all Details like, place, Witnesses, Evidences etc.
PRELIMINARY ENQUIRY
It is fact-finding enquiry into the allegations against an employee, which satisfies the disciplinary authority to frame his mind to go ahead with disciplinary action
The objectives of PE = To see whether a prima facie case exists and the extent of evidence suggests that a formal disciplinary enquiry may be started into the conduct of the employee. Preliminary Enquiry enables disciplinary authority to come to the conclusion whether the matter needs to be proceeded Preliminary enquiry is not regular disciplinary enquiry No legal stipulation to hold preliminary enquiry by the Presenting Officer
Date ,time and place of alleged offence Nature of offence Written complaint and other documents to be attached
Show cause to be issued only when There is strong evidence of prima-facie case Evidence may lead to proof of guilt Evidence does not reflect any serious doubt as to the involvement of the accused employee
ii) iii)
List of documents and witnesses by whom the articles of charge are to be sustained. Contains information about date, time and place of enquiry Formation of Enquiry Committee
2 representatives selected by and from workmen in the department 1 Manager or his authorised representative 1 Officer in whose section the accused workman is working NOTICE
1. Notice inviting names of workmen representatives is issued by the deptl. Manager 2. Notice intimating formation of Enquiry Committee is issued with or without names of workmen representatives
Burden of determination ( finding the truth ) lies on the Enquiry Committee Enquiry Committee Clause 19(b) 1. the Manager or any other officer authorised by the Management Role - Sr.Enquiry Officer Steers the progress of Enquiry
Sees and ensures that all rights of the Accused employee are honoured and adhered to Ensures that principles of natural Justice are adhered to Ensures impartiality and fairness; also determines whether matter brought before the Enquiry is relevant or irrelevant Required to submit findings after enquiry Remaining 3 Members of the Enquiry committee (i) 1 officer in whose section the accused is employed (ii) 2 representatives selected by and from workmen in the deptt All have equal status All are Enquiry Officers conducting the Enquiry process Tries to find facts logically ,prudently with unbiased attitude& with an open mind Presenting Officer has to be appointed with a letter of authority by the Management ---------------------------------------------------------------------------------------Presenting Officer is an agent of the Disciplinary Authority; his job is to prove his case by leading evidence to help arrive at appropriate conclusion
Explain composition of the Committee including presence of writer / interpreter / presenting officer The Sr. Enquiry Officer then explains how the enquiry is proposed to be conducted Statement of case by the Presenting Officer Circumstances leading to receipt of a written complaint Prima facie investigation Issuing of Show cause letter and chargesheet
Second Step
Leading evidence:Presentation and Examination of Companys witnesses by Presenting Officer Principles Burden of proof lies on Presenting Officer Presenting Officer has to produce Companys witnesses and examine them one by one in presence of accused employee Witnesses are persons who have seen ,who know and who have heard and can depose witness/es should be credible Presenting Officer not supposed to ask leading questions or lead his witnesses
Third Step
o Cross examination of witnesses ( by the accused workman) o Basic rule of fair play opportunity must be given o More important when facts or charges are disputed o Cross examination is important to discover the truth of what is stated in the documents / complaints / statements