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Domestic Enquiry - Natural Justice

dipak00001 Started The Discussion:

Dear All Under what circumstance, a domestic enquiry is mandatroy...more specially in case of service oriented company(non-factory units)

trisha_hr - Contributing Member
Dear Deepakji

Greetings.

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.

Cheers

Trisha

sebuks - Contributing Member
Dear.

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

Regards,

sebuks

dipak00001 - 
Thanx Trish

Point here is whether we need to conduct a full-fledge domestice enquiry or to ensure that rules of natural justice being meet...

employees often absconding..without any sort of communication... still we need to conduct domestice enquiry in such cases??

trisha_hr - Contributing Member
Dear Prakash

Greetings.

Thank you very much for explaining our members about the domestic enquiry procedures in a nutshell.

we expect you to continue to share these informations in the interest of our members knowledge

Cheers

Trisha
HR Professional

Murugavelu - Contributing Member
Dear Member,

Domestic enquiry is must for any kind of disciplinary action. The law doesnt distinguish its application to manufacturing/service/IT ot ITES. It applies to any kind of establishment.

Regards,

Murugavel.B
Chennai

DOMESTIC = Something of Home or Family Affairs


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.

chauhantb - 
Dear All, I want to ask there is difference between show cause notice & Charge sheet if yes what is the main difference if No why name is changed. Regards, Tushar Chauhan

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