"How to Conduct Domestic Inquiry Lawfully Error-Free"
In India, No Worker/Employee can be lawfully discharged from Service/ Terminated from Employment/Muster Roll, without the following Legally-Compulsory Action-Steps:
1. Without Issuing a Proper Written Charge-Sheet or Explanation Letter containing
a) The Act of Misconduct alleged against him or her,
b) Date, Time and Place of occurrence of the alleged Acts of Misconduct;
c) without giving him or her a Reasonable Opportunity to submit his or her Reply/ Explanation in writing within the stipulated time; and
d) Without the Issuing Authority / Punishing Authority applying his or her mind to the reply/explanation submitted in his or her defense;
2. Without ordering and holding/conducting a Fair and Proper Domestic Inquiry/Internal Inquiry in accordance with the Principles of Natural
Justice, as well as the Procedures, laid down by the Apex Court/Judiciary for such Domestic/Internal Inquiries which includes:
i) The Punishing Authority duly Appointing,in writing, either an Inquiry Officer (One Person) or an Inquiry Committee ( comprising of more than
One Person) and asking him/her or them to conduct a Fair and Proper Inquiry into the alleged Acts of Misconduct asper laid dowm
procedures and Submit an Inquiry Report in writing with Definite and Conclusive Findings;
ii) The Inquiry Officer or Committee must give all reasonable Opportunities to the Chare-sheeted Employee to dend his/her actions including his
or her inalienable Right to Produce/examine all documetary Evidenceand or Witnesses inhis or her Defense and Right to be Represented by
his or her Co-worker or Representative/Officialof theUnion of which he or she is a Member and giving himor her opportunities to Cross-Examine
the Evidence and Witness produced/examined by the Employer ( Management thru the Management's Representative.
Employe / Management or the Inquiry Officer/Committee can not deny the Charge-sheeted Employee and opportunity to be Represented/assisted by a Lawer/Advocate/Legally Trained Person if and When the Employer/Management associates a Lawer/Advocate/Legally Trained Person of
its /their choice so allowed tobe present during the Inquiry Proceedings
Also,there are certain Do's and Dont's tobe ideally followed by the:
i) Inquiry Officer or Inquiry Committee;
ii) Charge-sheeted Employee;
iii) Management Representative;
iv) Charge-sheeted Employee's Representative /Union Office-Bearer, as the case may be; and above all
v) Employer/Management/Punishing Authority
The Moot Point is
1. How Many of us associated with Disciplinary Action or conducting Inquiry are Actually Aware of the Laid Down Procedures or
2.How many f Us Employer/Management/Punishing /Discipling Authority are Really and genuinely follow the Inquiry Procedures OR
3. How many of Us are Fully-Awareof the Meaning, Purpose and application of the Priciples of Natural Justice while conducting Domestic
Inquiries
Conducting Inquiry casually and or without following laid down Procedures have invariably resulted in the Judiciary declaring the Inquiry held and Inquiry Report submitted and Disciplianry Action taken as Null and Void, a Shamand in cases awarded Reinstatement.
Clarifications Welcome
Sharan, XLRI Alumnus,
6th October 2017
From India, Delhi
200In India, No Worker/Employee can be lawfully discharged from Service/ Terminated from Employment/Muster Roll, without the following Legally-Compulsory Action-Steps:
1. Without Issuing a Proper Written Charge-Sheet or Explanation Letter containing
a) The Act of Misconduct alleged against him or her,
b) Date, Time and Place of occurrence of the alleged Acts of Misconduct;
c) without giving him or her a Reasonable Opportunity to submit his or her Reply/ Explanation in writing within the stipulated time; and
d) Without the Issuing Authority / Punishing Authority applying his or her mind to the reply/explanation submitted in his or her defense;
2. Without ordering and holding/conducting a Fair and Proper Domestic Inquiry/Internal Inquiry in accordance with the Principles of Natural
Justice, as well as the Procedures, laid down by the Apex Court/Judiciary for such Domestic/Internal Inquiries which includes:
i) The Punishing Authority duly Appointing,in writing, either an Inquiry Officer (One Person) or an Inquiry Committee ( comprising of more than
One Person) and asking him/her or them to conduct a Fair and Proper Inquiry into the alleged Acts of Misconduct asper laid dowm
procedures and Submit an Inquiry Report in writing with Definite and Conclusive Findings;
ii) The Inquiry Officer or Committee must give all reasonable Opportunities to the Chare-sheeted Employee to dend his/her actions including his
or her inalienable Right to Produce/examine all documetary Evidenceand or Witnesses inhis or her Defense and Right to be Represented by
his or her Co-worker or Representative/Officialof theUnion of which he or she is a Member and giving himor her opportunities to Cross-Examine
the Evidence and Witness produced/examined by the Employer ( Management thru the Management's Representative.
Employe / Management or the Inquiry Officer/Committee can not deny the Charge-sheeted Employee and opportunity to be Represented/assisted by a Lawer/Advocate/Legally Trained Person if and When the Employer/Management associates a Lawer/Advocate/Legally Trained Person of
its /their choice so allowed tobe present during the Inquiry Proceedings
Also,there are certain Do's and Dont's tobe ideally followed by the:
i) Inquiry Officer or Inquiry Committee;
ii) Charge-sheeted Employee;
iii) Management Representative;
iv) Charge-sheeted Employee's Representative /Union Office-Bearer, as the case may be; and above all
v) Employer/Management/Punishing Authority
The Moot Point is
1. How Many of us associated with Disciplinary Action or conducting Inquiry are Actually Aware of the Laid Down Procedures or
2.How many f Us Employer/Management/Punishing /Discipling Authority are Really and genuinely follow the Inquiry Procedures OR
3. How many of Us are Fully-Awareof the Meaning, Purpose and application of the Priciples of Natural Justice while conducting Domestic
Inquiries
Conducting Inquiry casually and or without following laid down Procedures have invariably resulted in the Judiciary declaring the Inquiry held and Inquiry Report submitted and Disciplianry Action taken as Null and Void, a Shamand in cases awarded Reinstatement.
Clarifications Welcome
Sharan, XLRI Alumnus,
6th October 2017
From India, Delhi
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