Dear All Under what circumstance, a domestic enquiry is mandatroy...more specially in case of service oriented company(non-factory units)
Domestic enquiry is a discplinary procedure to be followed by all the establishments whenever they are willing to take strong action against employee. This enquiry is based on the principle of natural justice and has to be conducted unbiased manner.
Hence for your service industry also it is applicable. The court look for rendering principle of natural justice in any adverse action by the principal employer.
Its very necessary to conduct an unbaised domestic enquiry before taking any punitive action against an employee.
The steps are:
1. Issuing a charge sheet
2. Getting a reply to the charge sheet.
3. Appointing an Enquiry Officer.
4. Conducting the enquiry.
Please note that while conducting the enquiry adequate opportunity should be given to the delinquent to defend himself. and the same should be recorded.
5. Preparation of the Enquiry report.
6. Award of punishment by the punishing authjority.
7. If needed the accused can appeal before the appealing authority.
8. The decision of the appealing authiority tends to be final
ENQUIRY = 1. The act of inquiry; seeking for information
by asking questions; Interrogation
DOMESTIC ENQUIRY is an enquiry into the conduct of an employee. Charges are framed and after observing the principles of Natural Justice an order of punishment or otherwise is passed by the competent authority.
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