Domestic Enquiry

Domestic Enquiry
Whether in the private or public sector no employee can be dismissed unless a proper departmental enquiry is held as per the provisions under the Industrial Employment (Standing Orders Act 1946). There are no laid down rules for holding domestic enquiries but over a period of time various courts and tribunals have laid down that the domestic enquires should be based on the principle of natural justice.

 Domestic enquiry is mainly used to refer to an enquiry into the charges of indiscipline and misconduct by an employee. In common parlance, domestic enquiry means departmental enquiry or domestic tribunal. In such enquiries, the matter is decided by administrative officers and not by courts of law. In cases of alleged indiscipline, it is common for disciplinary authorities in a department These enquiries are commonly known as Domestic Enquiries

Procedure
Preliminary enquiry Charge-sheet Explanation Show-cause Notice Enquiry report Holding of a full-fledged Enquiry Considering the enquiry proceedings and Finding and Making Final order of Punishment Follow-up

Punishment
After reviewing the report of the enquiry officer the punishing authority can ask for a second explanation from the workmen as to why the worker should not be punished for the act of misconduct. Thereafter the punishing authority can issue the order of punishment. Whilst ordering the punishment its is incumbent of all the punishing authority to take into consideration the past record of the employee.

HR Lecture 23.12.03

Types of Punishment
Depending upon the gravity of the charge the punishing authority may issue an order of punishment in line with the Standing Orders. Generally, standing order have the following kind of punishment:1) Oral warning 2)Written Warning 3)Loss of Privileges and Fines 4)Suspension by way of punishment 5)Withholding of Increments 6)Demotion 7)Dismissal
HR Lecture 23.12.03