A.K. Srivastava Domestic Enquiry & Punishment

Size Guide

Please Follow Lawmart ShPipping & Delivery Policy - https://www.lawmart.in/shipping_delivery.php

Please Follow Lawmart Return & Cancellation Policy - https://www.lawmart.in/return_cancellation.php

1. Introduction

A Domestic Enquiry is an internal disciplinary procedure conducted by an employer when an employee is accused of misconduct. It ensures a fair investigation before imposing any penalty and follows the principles of natural justice.

2. Objectives of Domestic Enquiry

• To ensure a fair and impartial investigation.
• To provide the accused employee with an opportunity to defend themselves.
• To maintain workplace discipline while upholding employees' rights.
• To take appropriate corrective action based on facts and evidence.

3. Principles of Natural Justice

A domestic enquiry must be conducted fairly and in compliance with the following principles:

1. Right to be Heard (Audi Alteram Partem) – The accused must be given a chance to present their case.
2. Rule Against Bias – The enquiry must be conducted by an impartial officer.
3. Evidence-Based Decision – No punishment should be imposed without proper investigation and evidence.

4. Process of Domestic Enquiry

Step 1: Issuance of Charge Sheet

• The employer issues a formal charge sheet outlining the misconduct.
• The employee is given time to submit an explanation.

Step 2: Appointment of Enquiry Officer

• A neutral Enquiry Officer is appointed to conduct the investigation.

Step 3: Conduct of Enquiry

• The hearing takes place where the employer and employee present their case.
• Witnesses and evidence are examined.
• The accused employee may have a representative or lawyer (if allowed by company rules).

Step 4: Submission of Findings

• The Enquiry Officer prepares a report summarizing evidence and findings.
• The report is submitted to the employer for a final decision.

Step 5: Decision & Punishment

• The employer takes a decision based on the enquiry findings.
• A punishment order is issued, if necessary.

5. Types of Punishment in Domestic Enquiry

Depending on the severity of the misconduct, an employee may face:

6. Legal Aspects & Employee Rights

• The Industrial Disputes Act, 1947 provides guidelines for disciplinary actions in industries.
• Employees can challenge an unfair enquiry or punishment before a Labour Court or Industrial Tribunal.
• Courts may overturn penalties if the enquiry is found to be biased or unjust.

7. Conclusion

A Domestic Enquiry is essential for maintaining workplace discipline while ensuring fairness. Employers must follow proper procedures and respect employee rights to avoid legal challenges. Proper documentation and adherence to legal principles ensure that the enquiry serves its purpose effectively.