Working As Manager Employee Relations &
There should be two officers, one for domestic and other would be department specific.
24th October 2013 From India, Lucknow
There is no difference between a domestic Inquiry and a departmental Inquiry. Though some procedural variations may be found.
Any person who is not connected with cause can be an Inquiry Officer in any domestic inquiry. However, in the departmental inquiry, any person from and within the Inquiry Department can be delegated the powers of Inquiry Officer.
In some rules such as secondary school code etc., inquiry by an Inquiry committee is prescribed.
Disciplinary Inquiry done by whatever name, Six Conditions are required to be satisfied. 1. Charge sheet detailing the specific charges of misconduct, 2 Evidence of Management and opportunity of cross examination to the worker, 3. Evidence of Worker and opportunity of cross examination to Management, 4 Documents, 5. Proper recording of proceedings and 6. Findings and Inquiry Report. It is needless to mention that the entire affair must go in a fair and proper manner so that principles of natural justice are followed and the delinquent employees is heard.
24th October 2013 From India, Kolhapur
25th October 2013 From India, Mumbai
Discussions are very encouraging & informative. Would you please elaborate about time frame for mentioning in charge sheet i.e. sometime it is written to explain within 24 hours , sometime it is forced to reply in 48 hours. What is the legal bounding to reply. Can a charge sheeted employee seek more time to reply to the charge sheet and under which section / sub section of FA/ ID act.
26th October 2013 From India, Delhi
HR & Labour law Advisor
26th October 2013 From India, Mumbai
26th October 2013 From India, Bokaro