1.What is the difference between domestic enquiry & departmental enquiry? 2.ideally who should be an enquiry officer in both cases ?
From India, Mumbai
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From India, Mumbai
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Well, there's a slight difference between both as for domestic enquiry - it could be at a national or local level, as well as departmental inquiry could be domestic or internationally related for a specific department. There should be two officers, one for domestic and the other would be department-specific.
From India, Lucknow
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202From India, Lucknow
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It appears one is confused by the use of the word "Departmental Inquiry". Generally, the disciplinary inquiry done in any government department is referred to as a Departmental Inquiry, for the sole reason that there is an Inquiry Department. All such matters are being dealt with by the Inquiry Department. Obviously, people started referring to it as Departmental Inquiry.
There is no difference between a domestic Inquiry and a departmental Inquiry, though some procedural variations may be found.
Any person who is not connected with the cause can be an Inquiry Officer in any domestic inquiry. However, in the departmental inquiry, any person from and within the Inquiry Department can be delegated the powers of an Inquiry Officer.
In some rules such as the secondary school code, an inquiry by an Inquiry committee is prescribed.
Disciplinary Inquiry done by whatever name, Six Conditions are required to be satisfied: 1. Charge sheet detailing the specific charges of misconduct, 2. Evidence of Management and opportunity for cross-examination to the worker, 3. Evidence of Worker and opportunity for cross-examination to Management, 4. Documents, 5. Proper recording of proceedings, and 6. Findings and Inquiry Report. It is needless to mention that the entire affair must proceed in a fair and proper manner so that the principles of natural justice are followed, and the delinquent employee is heard.
From India, Kolhapur
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There is no difference between a domestic Inquiry and a departmental Inquiry, though some procedural variations may be found.
Any person who is not connected with the cause can be an Inquiry Officer in any domestic inquiry. However, in the departmental inquiry, any person from and within the Inquiry Department can be delegated the powers of an Inquiry Officer.
In some rules such as the secondary school code, an inquiry by an Inquiry committee is prescribed.
Disciplinary Inquiry done by whatever name, Six Conditions are required to be satisfied: 1. Charge sheet detailing the specific charges of misconduct, 2. Evidence of Management and opportunity for cross-examination to the worker, 3. Evidence of Worker and opportunity for cross-examination to Management, 4. Documents, 5. Proper recording of proceedings, and 6. Findings and Inquiry Report. It is needless to mention that the entire affair must proceed in a fair and proper manner so that the principles of natural justice are followed, and the delinquent employee is heard.
From India, Kolhapur
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There is no difference between a domestic inquiry and a departmental inquiry, as both Mr. Kishore Kulkarni and Keshav Korgaonkar said. The term 'Departmental Inquiry' is predominantly used in government and public sector undertakings, while 'Domestic Inquiry' is more commonly used in private sector industries. Both types of inquiries adhere to the same principles of natural justice and the procedures outlined in disciplinary regulations or standing orders. They both refer to in-house inquiries conducted by establishments, whether in the private sector or public sector.
Technically, there is no distinction between the two types of inquiries, except that in government and public sector undertakings, the procedures are well-documented. The terms 'domestic inquiry' and 'departmental inquiry' are often used interchangeably, as they do not affect the substantive procedure of conducting inquiry proceedings. However, it has become customary to use 'domestic inquiry' when referring to inquiries in the private sector and 'departmental inquiry' when referring to inquiries in government and public sector undertakings.
B. Saikumar
From India, Mumbai
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Technically, there is no distinction between the two types of inquiries, except that in government and public sector undertakings, the procedures are well-documented. The terms 'domestic inquiry' and 'departmental inquiry' are often used interchangeably, as they do not affect the substantive procedure of conducting inquiry proceedings. However, it has become customary to use 'domestic inquiry' when referring to inquiries in the private sector and 'departmental inquiry' when referring to inquiries in government and public sector undertakings.
B. Saikumar
From India, Mumbai
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Dear Sir,
Discussions are very encouraging and informative. Would you please elaborate on the time frame for mentioning in the charge sheet? Sometimes, it is stated to explain within 24 hours, while at other times, a response within 48 hours is required. What is the legal requirement for a reply? Can an employee who has been charged seek more time to respond to the charge sheet, and under which section/subsection of the FA/ID Act?
Sincerely,
sno
From India, Delhi
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Discussions are very encouraging and informative. Would you please elaborate on the time frame for mentioning in the charge sheet? Sometimes, it is stated to explain within 24 hours, while at other times, a response within 48 hours is required. What is the legal requirement for a reply? Can an employee who has been charged seek more time to respond to the charge sheet, and under which section/subsection of the FA/ID Act?
Sincerely,
sno
From India, Delhi
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There is no law stipulating any time frame for submitting replies to a charge sheet. The accepted norm is that the chargesheeted employee shall be given a reasonable time to reply to the charges. What is a reasonable time depends upon the facts of each case, the complexity of charges, the volume of evidence/documents to be gone through to reply, etc.
Normally, seven days are given to reply to a charge sheet, and this is not an absolute norm. However, a charge like unauthorized absence may not require much time to reply to as against charges like fraud or misappropriation, which may require scrutiny of documents located elsewhere. In such cases, sometimes a period of 48 hours may be granted by the management. However, it is reasonable to grant 7 days irrespective of the nature of the charge, and the Chargesheeted employee may request an extension of time for justifiable reasons.
B. Saikumar HR & Labour Law Advisor Navi Mumbai
From India, Mumbai
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Normally, seven days are given to reply to a charge sheet, and this is not an absolute norm. However, a charge like unauthorized absence may not require much time to reply to as against charges like fraud or misappropriation, which may require scrutiny of documents located elsewhere. In such cases, sometimes a period of 48 hours may be granted by the management. However, it is reasonable to grant 7 days irrespective of the nature of the charge, and the Chargesheeted employee may request an extension of time for justifiable reasons.
B. Saikumar HR & Labour Law Advisor Navi Mumbai
From India, Mumbai
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If it is a show cause, the time limit is 48 hours. If it is a charge sheet, which is issued after the charges are framed following a preliminary enquiry, a time limit of up to 7 days is given. Furthermore, the time given for a reply to be submitted also depends on the seriousness of the charges, whether minor or major penalties are proposed to be awarded. However, there are no specific rules for the time limit. The rule is to provide a reasonable opportunity to the delinquent to defend his case.
From India, Bokaro
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From India, Bokaro
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