------“Role of Employer/Punishing Authority in Domestic Inquiry" -----
No Inquiry, No Punishment:
No Employed Person, can be Punished for alleged Acts of Misconduct on her/his part, without holding a Proper Domestic Inquiry ordered by her /his Employer or designated Disciplining Authority or the Punishing Authority, as per the Laws of our Land, as per Hon’ble Supreme Court’s Ruling and Guidelines for the Employers
Such Inquiries into alleged Acts of Misconduct are known and commonly referred to as “the Domestic Inquiry or Departmental Inquiry or Internal Inquiry or Managerial Inquiry”.
The Domestic Inquiry, as the nomenclature suggests, are conducted by an Inquiry Officer or an Inquiry Committee consisting of Two or Three Individuals who are capable and competent proven personas to conduct such Inquiries; and therefore, are appointed by concerned Employer/the designated Disciplining Authority or the Punishing Authority;
On conclusion of the Inquiry Proceedings the Inquiry Officer or the Committee is law-bound to prepare the Inquiry Report with conclusive and definite Findings and submit the same to the Appointing Authority for further necessary Action;
No Inquiry, without obeying Principles of Natural Justice:
The Inquiry Officers or Inquiry Committee Must adhere to, throughout Inquiry, the below mentioned, Twin Principles of Natural Justice:
a) No Person shall be a Judge in her/his own Case; and
b) Other Side Must Be Heard.
In addition, the Inquiry Step-by-Step Procedure or the Order of Events, formulated and prescribed, from time to time by our Judiciary (Hon’ble Supreme Court and upheld by High Courts, must be followed, faithfully and properly in Letter and in Spirit of the Laws:
“Role of Employer in Domestic Inquiry”
In the backdrop, narrated in preceding Paragraphs, , we present below Fifteen (15) Do’s and Five (05) Don’ts for Attention, Consideration and Action by Employers/ Punishing Authority:
Do’s
1.Always Apply your Mind, before initiating Disciplinary Action-Steps;
2.Ensure that there is a prima facie case for initiating Disciplinary Action which, in inter alia should include holding a Preliminary Inquiry/ Investigation into Report or Complaints and the Allegations/Charge of Misconduct levelled against any Employed Person is correct and Definite, Not Vague;
3.Exert due Diligence and Propriety in Framing the Charges, Drafting the Charge-Sheet or Show-Cause Notice or Explanation-seeking Letter
4.Maintain Self-Esteem of the Employee while Serving the Charge-Sheet or Show-Cause Notice or Explanation-seeking Letter, and obtain her/his acknowledgment receipt, for Records;
5.Ensure the Charge-Sheet or Show-Cause Notice or Explanation-seeking Letter, is served on the Employee, in confidence away from public glare;
6.Give reasonable opportunity to the Charge-Sheeted Employee to submit her/his Written Explanation/Reply in her/his defence;
7.Carefully consider with sufficient Empathy, the Written Reply/ Explanation in self-Defence;
8.Appoint Capable and Competent Persons as the Inquiry Officer or as Members of Inquiry Committee, to enquire into the Charges, in accordance with the Twin Principles of Natural Justice add the Procedures prescribed and in line with Provisions in the Codified Service Rules or the Certified Standing Orders as applicable to the Charge-sheeted Employee;
9.Monitor that the Domestic Inquiry Proceedings are held, lawfully;
10. Ensure the Inquiry Officer or as Members of Inquiry Committee have No Stake or Interest in the Outcome of Inquiry;
11.Provide all reasonable Assistance to the Charge-sheeted Employee to organize and proceed with her/his Defence;
12.Extend all reasonable Help for Expeditious Conclusion of Inquiry Proceedings
13.Be True to the Cause of Discipline & Fair to People involved in Inquiry;
14.Read the Inquiry Report with Findings, Carefully & Cautiously and Merit of Findings;
15.Ensure the Quantum of Punishment is Proportionate to Graveness of the Proven Misconduct; Arrange to issue Proportionate Punishment, Letter asking the Employee to Submit Representation, if any against t the Proposed Punishment; Review the Representation thoughtfully and thereafter only issue the Final Punishment Order Letter;
Don’ts
1.Do not obstruct, scuttle or influence, in any manner whatsoever, the Domestic Inquiry Proceedings;
2.Do not obstruct, scuttle or influence, in any manner whatsoever, the Domestic Inquiry Officer or Committee;
3.Do not retaliate or victimize anyone involved in Domestic Inquiry for Inquiry is No Time to Teaching-a-Lesson;
4. Act in all Fairness, Propriety, Reasonableness; and
5.Do not Misuse Authority or Power of Office in Inquiry Matters.
Good Inquiry Do Not Just Happen, Good Inquiry is Caused.
Readers are Welcome to Share their Concerns, Seek & Secure Clarity to all of your Queries, Questions, Doubts and Dilemmas, any time.
Harsh Kumar Sharan,
Kritarth Consulting Pvt Ltd Team of Domestic Inquiry Specialists.
hksharan@kritarth.in /shakti@kritarth.in// 9560 453 756 / www.kritarth.in
22nd July 2024
From India, Delhi
200No Inquiry, No Punishment:
No Employed Person, can be Punished for alleged Acts of Misconduct on her/his part, without holding a Proper Domestic Inquiry ordered by her /his Employer or designated Disciplining Authority or the Punishing Authority, as per the Laws of our Land, as per Hon’ble Supreme Court’s Ruling and Guidelines for the Employers
Such Inquiries into alleged Acts of Misconduct are known and commonly referred to as “the Domestic Inquiry or Departmental Inquiry or Internal Inquiry or Managerial Inquiry”.
The Domestic Inquiry, as the nomenclature suggests, are conducted by an Inquiry Officer or an Inquiry Committee consisting of Two or Three Individuals who are capable and competent proven personas to conduct such Inquiries; and therefore, are appointed by concerned Employer/the designated Disciplining Authority or the Punishing Authority;
On conclusion of the Inquiry Proceedings the Inquiry Officer or the Committee is law-bound to prepare the Inquiry Report with conclusive and definite Findings and submit the same to the Appointing Authority for further necessary Action;
No Inquiry, without obeying Principles of Natural Justice:
The Inquiry Officers or Inquiry Committee Must adhere to, throughout Inquiry, the below mentioned, Twin Principles of Natural Justice:
a) No Person shall be a Judge in her/his own Case; and
b) Other Side Must Be Heard.
In addition, the Inquiry Step-by-Step Procedure or the Order of Events, formulated and prescribed, from time to time by our Judiciary (Hon’ble Supreme Court and upheld by High Courts, must be followed, faithfully and properly in Letter and in Spirit of the Laws:
“Role of Employer in Domestic Inquiry”
In the backdrop, narrated in preceding Paragraphs, , we present below Fifteen (15) Do’s and Five (05) Don’ts for Attention, Consideration and Action by Employers/ Punishing Authority:
Do’s
1.Always Apply your Mind, before initiating Disciplinary Action-Steps;
2.Ensure that there is a prima facie case for initiating Disciplinary Action which, in inter alia should include holding a Preliminary Inquiry/ Investigation into Report or Complaints and the Allegations/Charge of Misconduct levelled against any Employed Person is correct and Definite, Not Vague;
3.Exert due Diligence and Propriety in Framing the Charges, Drafting the Charge-Sheet or Show-Cause Notice or Explanation-seeking Letter
4.Maintain Self-Esteem of the Employee while Serving the Charge-Sheet or Show-Cause Notice or Explanation-seeking Letter, and obtain her/his acknowledgment receipt, for Records;
5.Ensure the Charge-Sheet or Show-Cause Notice or Explanation-seeking Letter, is served on the Employee, in confidence away from public glare;
6.Give reasonable opportunity to the Charge-Sheeted Employee to submit her/his Written Explanation/Reply in her/his defence;
7.Carefully consider with sufficient Empathy, the Written Reply/ Explanation in self-Defence;
8.Appoint Capable and Competent Persons as the Inquiry Officer or as Members of Inquiry Committee, to enquire into the Charges, in accordance with the Twin Principles of Natural Justice add the Procedures prescribed and in line with Provisions in the Codified Service Rules or the Certified Standing Orders as applicable to the Charge-sheeted Employee;
9.Monitor that the Domestic Inquiry Proceedings are held, lawfully;
10. Ensure the Inquiry Officer or as Members of Inquiry Committee have No Stake or Interest in the Outcome of Inquiry;
11.Provide all reasonable Assistance to the Charge-sheeted Employee to organize and proceed with her/his Defence;
12.Extend all reasonable Help for Expeditious Conclusion of Inquiry Proceedings
13.Be True to the Cause of Discipline & Fair to People involved in Inquiry;
14.Read the Inquiry Report with Findings, Carefully & Cautiously and Merit of Findings;
15.Ensure the Quantum of Punishment is Proportionate to Graveness of the Proven Misconduct; Arrange to issue Proportionate Punishment, Letter asking the Employee to Submit Representation, if any against t the Proposed Punishment; Review the Representation thoughtfully and thereafter only issue the Final Punishment Order Letter;
Don’ts
1.Do not obstruct, scuttle or influence, in any manner whatsoever, the Domestic Inquiry Proceedings;
2.Do not obstruct, scuttle or influence, in any manner whatsoever, the Domestic Inquiry Officer or Committee;
3.Do not retaliate or victimize anyone involved in Domestic Inquiry for Inquiry is No Time to Teaching-a-Lesson;
4. Act in all Fairness, Propriety, Reasonableness; and
5.Do not Misuse Authority or Power of Office in Inquiry Matters.
Good Inquiry Do Not Just Happen, Good Inquiry is Caused.
Readers are Welcome to Share their Concerns, Seek & Secure Clarity to all of your Queries, Questions, Doubts and Dilemmas, any time.
Harsh Kumar Sharan,
Kritarth Consulting Pvt Ltd Team of Domestic Inquiry Specialists.
hksharan@kritarth.in /shakti@kritarth.in// 9560 453 756 / www.kritarth.in
22nd July 2024
From India, Delhi
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