Report of the Enquiry Officer

Although the proceedings of the criminal law or law of evidence are not applicable to domestic
enquiry,the enquiry officer has to weigh the evidence and give his findings based only on the
evidence on record. In his findings he should narrate precisely what both the parties and other
witnesses have said. He should mention what he believes or does not believe and arrive at a
conclusion. The report of enquiring officer need not be elaborate but must be reasonable and
based on the evidence and must be conclusive.If the evidence is not enough, a guilty workman
must not be punished. Even
a single evidence is enough to arrive at a conclusion.
When Enquiry Officer does not mention the names of witnesses or the nature of evidence
produced and does not give any reasons for holding that the charges 1.·are established, then
the enquiry is vitiated~
Conviction in criminal court may be of use for imputation of misconduct but acquital in criminal
court is not a bar for taking disciplinary action against the chargesheeted workman.
The Enquiry Officer must give his reasons in support of his findings. Where the Enquiry Officer
has failed to give tenable reasons and has just submitted a cryptic report ending v-1ith the
statement "that all other relevant points from the proceedings will be explained personally", the
value of the report would be very much less.
The report should be submitted to the authority, along- with all the documents and the enquiry
proceedings.The punishing authority may or may not accept the findings of the enquiring officer
and, in case of non-acceptance, he has to mention the reasons for the same. The punishing
authority in awarding punishment should adhere to the Standing Orders. He should never award
a punishment unless he is sure that it will stand the test at the court of law. It is always safe to
be on the lenient side. It is seen that in the following. cases the labour court or Tribunal
interferes in the findings of the enquiring officers :

(a) Want of goodfaith (absence of due care and attention)

(b) Victimisation or unfair labour practices - if the work- man concerned is innocent and yet he is
punished or is an active member of the Trade Union and is punished out
of proportion for that.
(c) Management guilty of basic error or violation of principles of natural justice - in case the
findings of the enquiry is based on extraneous matter or the workman is found guilty and
punished on a charge not disclosed in the chargesheet.
Question of violation of principles of natural justice will not arise -
(1)If the charge is proper and admitted by the delinquent
employee.
(2)He has been given reasonable opportunity of adducing all relevant evidences on which he
relies.
(3)Evidence of the C.E. has been taken in his presence, and the document on which this
opponent relies have been submitted in his presence during the enquiry.
(4) Opportunity was given to him for cross-examination.
From the above we can understand that the Natural Justice is the crux of the domestic enquiry.
The Enquiry Officer while forwarding his enquiry report to the punishing authority, shall 'forward
all the documents, enquiry proceedings along with the report/findings.
some of the service conditions sometimes spell out as
to what should be forwarded by the ~.o. after the completion of enquiry. For example, in one of
the companies,the require- ment reads as follows :
{a) After the conclusion of the enquiry, report shall be prepared and it shall contain :
i) a gist of the article of charges and the statement of the imputation of misconduct or
misbehaviour;
ii) a gist of the defence of the employee in respect of each article of charge;
iii) an assessment of the evidence in respect of each article of charge;
iv) the findings of each article of charge and the reasons therefor.
(b) The enquiry authority shall forward to the disciplinary authority the records of enquiry which
shall include :
i) the report of enquiry prepared by it under clause - (a) above;
ii) the written statement of defence, if any, submitted by the employee;
iii) the oral and documentary evidence produced in the course of the enquiry;
iv) written brief (the service condition has the provision of submitting written brief within 15 days
of completion of enquiry by both the parties i.e. Management and employee's side);
v) the orders, if any, passed by the disciplinary and the enquiry authority in regard to the
enquiry.

Consideration of the enquiry report by the competent authority OR Authority's decision

on receipt of 'Enquiry Report'

The competent disciplinary authority must carefully consider the enquiry report and the
explanation of the delinquent employee, apply his mind and come to definite conclusion as to
whether the delinquent is guilty of any charge of misconduct levelled against him. On receipt of
enquiry report, the authority shall at the first instant satisfy
himself :
i) if the enquiry has been conducted in accordance with the principles of Natural Justice;
ii) there is no procedural error in drawing up the proceedings of the enquiry;
iii) in case any objection has been raised either by the chargesheeted employee/chargesheeted
employee's witness Company's representative, the same has been properly recorded and that
the decision given by Enquiry Officer is technically correct and reasonable;
iv) report and findings have been drawn duly supported by proper documents;
v) if it is an exparte enquiry, whether necessary notice was served to the chargesheeted
employee.
The competent authority may differ with the findings
and conclusions of the Enquiry Officer, for which of course, he has to give cogent reasons
based on the evidence on record. He has the power to take steps, to accept,- reject ~Y order
fresh enquiry as aforesaid. If he ·finds the C.E. guilty of any charge of misconduct, he should
pass order of punishment after taking into consideration the nature and extent of the offence,
the past record of service of the employee concerned and the extenuating circumstances if any.
The punishment order to be issued should include the circumstances under which the charges
have been proved.The punishment order, particularly the discharge order or dismissal notice
shall have to be communicated to the employee concerned before it ·can be· effective,
In the above context, it is advisable that such case file are examined/scrutinised by Personnel
Department or,in absence, by the Labour Law Consultant.