2
Kritarth Team Presents the following Format for Domestic Inquiry Purpose :
Steps: Pre-Inquiry Stage:
1. The issue of Charge-Sheet or a Letter seeking Written Explanation,which clearly and specifically/categorically
narrates/mentions/ states/describes the alleged Acts of Misconduct (Date, Time, Place of occurrence of the
incident/event/the Act itself) within the meaning of the Codified Service Rules OR the Certified Standing Orders
as applicable to the Delinquent Employee/Worker;
2. Inform the Charge-sheeted Employee/Worker that for the alleged act of Misconduct, s/he is liable to Disciplinary
Action as per the SR or SO, as the case may be; and
3. Ask the Delinquent Employee to submit his/herExplananation within stipulated Days as to Why Disciplinary
Action should not be taken for the alleged Actions of Misconduct; and
4. After the Written Explanation/Reply in his/her defense is received, the Punishing Authority need to apply
his/her mind to determine whether the explanation is acceptable/admissible and if not take the Following
Action:
5. Appoint, by issuing a Written Order, an Inquiry Officer or an Inquiry Committee, Nominating the Management
Representative from amongst Executives/Officers/Managers to Present Management's Case before the Inquiry
Officer or the Inquiry Committee, Copy to the Charge-Shtted Employee; and
6. Forward all relevant Documents/Papers to the Inquiry Officer OR the Inquiry Committee to commence their
Inquiry Proceedings in accordance with the Principles of Natural Justice as well as the Procedures laid down for
such Domestic Inquiries.
Domestic Inquiry Steps: Steps to be adhered to by the Inquiry Officer/Inquiry Committee:
i) Inform the Charge-sheeted Employee, by a Notice, addressed to him/her, about the Date, Time and Place of Inquiry Scheduled and advising him/her to attend the Proceedings along with his/her Witnesses and or Documentary Evidence s/he wishes to examine in his/her defense;
ii) Commence, Conduct and Conclude the Inquiry Proceedings, in the Order prescribed, in accordance with the
Twin Principles of Natural Justice ( Being Fair, Just and Proper without any arbitrariness whatsoever);
iii) Create and Maintain Records of Testimonies and the Order-Sheets, Admit Documentary Evidence and Mark
them as Exhibits;
iv) Allow Cross-Examination;
v) Proceed with ex parte Inquiry if and when in spite of due Inquiry Notices as provided for in the SR or SO, Either the Employee or the MR absents or abstains from I Proceedings;
vi) Allow the Employee to be assisted by his/her Co-Worker or Union's Rep during I Proceedings ensuring that the
Rep does not take Role of the Employee
(Word of Caution:- In case the Employer (Punishing/Disciplining Authority appoint or associates a Legally Trained Person such as Lawyer, Advocate or Pleader) with the Inquiry as Inquiry Officer or the Charge-sheeted Employee cannot be denied Assistance during Inquiry by his/her Rep who may be also a Legally Trained Person).
All reasonable Opportunity must be provided to the DefendingEmployee to defend himself/herself. An amicable environment must be ensured during Inquiry Proceedings.
The Inquiry Officer or the Inquiry Committee is entrusted the Duty and Role of Ascertaining the Facts and Circumstances of the Case before him/her which must be Uppermost in her/his Mind.
Post-Inquiry Action-Steps:
A. The Inquiry Officer or the Inquiry Committee should Write Inquiry Report with Definite and Conclusive
Findings based on material-on-Record; and
B. Submit or Forward the Inquiry Report with Findings to the Appointing/Punishing Authority for further
necessary Disciplinary Action.
Kritarth Team of Inquiry Professional have Written Guidelines (Dos and Dont's/ Duties, Responsibilities and Role) of for
- The Inquiry Officer/Committee;
- Management Representative;
- Charge-sheeted Employee;
- The person assisting the Charge-sheeted Employee; and
-Punishing Authority ( Proportionate Punishment etc)
Requests for Assistance and or Guidance Welcome
Kritarth Team of Inquiry Professional
23rd July 2018
From India, Delhi
Steps: Pre-Inquiry Stage:
1. The issue of Charge-Sheet or a Letter seeking Written Explanation,which clearly and specifically/categorically
narrates/mentions/ states/describes the alleged Acts of Misconduct (Date, Time, Place of occurrence of the
incident/event/the Act itself) within the meaning of the Codified Service Rules OR the Certified Standing Orders
as applicable to the Delinquent Employee/Worker;
2. Inform the Charge-sheeted Employee/Worker that for the alleged act of Misconduct, s/he is liable to Disciplinary
Action as per the SR or SO, as the case may be; and
3. Ask the Delinquent Employee to submit his/herExplananation within stipulated Days as to Why Disciplinary
Action should not be taken for the alleged Actions of Misconduct; and
4. After the Written Explanation/Reply in his/her defense is received, the Punishing Authority need to apply
his/her mind to determine whether the explanation is acceptable/admissible and if not take the Following
Action:
5. Appoint, by issuing a Written Order, an Inquiry Officer or an Inquiry Committee, Nominating the Management
Representative from amongst Executives/Officers/Managers to Present Management's Case before the Inquiry
Officer or the Inquiry Committee, Copy to the Charge-Shtted Employee; and
6. Forward all relevant Documents/Papers to the Inquiry Officer OR the Inquiry Committee to commence their
Inquiry Proceedings in accordance with the Principles of Natural Justice as well as the Procedures laid down for
such Domestic Inquiries.
Domestic Inquiry Steps: Steps to be adhered to by the Inquiry Officer/Inquiry Committee:
i) Inform the Charge-sheeted Employee, by a Notice, addressed to him/her, about the Date, Time and Place of Inquiry Scheduled and advising him/her to attend the Proceedings along with his/her Witnesses and or Documentary Evidence s/he wishes to examine in his/her defense;
ii) Commence, Conduct and Conclude the Inquiry Proceedings, in the Order prescribed, in accordance with the
Twin Principles of Natural Justice ( Being Fair, Just and Proper without any arbitrariness whatsoever);
iii) Create and Maintain Records of Testimonies and the Order-Sheets, Admit Documentary Evidence and Mark
them as Exhibits;
iv) Allow Cross-Examination;
v) Proceed with ex parte Inquiry if and when in spite of due Inquiry Notices as provided for in the SR or SO, Either the Employee or the MR absents or abstains from I Proceedings;
vi) Allow the Employee to be assisted by his/her Co-Worker or Union's Rep during I Proceedings ensuring that the
Rep does not take Role of the Employee
(Word of Caution:- In case the Employer (Punishing/Disciplining Authority appoint or associates a Legally Trained Person such as Lawyer, Advocate or Pleader) with the Inquiry as Inquiry Officer or the Charge-sheeted Employee cannot be denied Assistance during Inquiry by his/her Rep who may be also a Legally Trained Person).
All reasonable Opportunity must be provided to the DefendingEmployee to defend himself/herself. An amicable environment must be ensured during Inquiry Proceedings.
The Inquiry Officer or the Inquiry Committee is entrusted the Duty and Role of Ascertaining the Facts and Circumstances of the Case before him/her which must be Uppermost in her/his Mind.
Post-Inquiry Action-Steps:
A. The Inquiry Officer or the Inquiry Committee should Write Inquiry Report with Definite and Conclusive
Findings based on material-on-Record; and
B. Submit or Forward the Inquiry Report with Findings to the Appointing/Punishing Authority for further
necessary Disciplinary Action.
Kritarth Team of Inquiry Professional have Written Guidelines (Dos and Dont's/ Duties, Responsibilities and Role) of for
- The Inquiry Officer/Committee;
- Management Representative;
- Charge-sheeted Employee;
- The person assisting the Charge-sheeted Employee; and
-Punishing Authority ( Proportionate Punishment etc)
Requests for Assistance and or Guidance Welcome
Kritarth Team of Inquiry Professional
23rd July 2018
From India, Delhi
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Format Meanings.txt
Kra format.doc