Kishorkulkarni
Law Practice
Couvery
Consultant
Rahul Satoskar
Working As Manager Employee Relations &
+3 Others

1.What is the difference between domestic enquiry & departmental enquiry? 2.ideally who should be an enquiry officer in both cases ?
24th October 2013 From India, Mumbai
Well, there's a slight difference between both as for domestic enquiry - could be at national or local level as well as departmental enquery could be domestic or international related for specific department.
There should be two officers, one for domestic and other would be department specific.
24th October 2013 From India, Lucknow
It appears one is confused by the use of word "Departmental Inquiry". Generally, the disciplinary inquiry done in any government department is referred to as a Departmental Inquiry, for the sole reason that there is an Inquiry Department. All such matters are being dealt by the Inquiry Department. Obviously people started referring to it as Departmental Inquiry.

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
There is no difference between domestic enquiry and departmental enquiry as both Mr.Kishore kulkarni and keshav Korgaonkar said.The word 'Departmental Enquiry is used mostly in Government and Public Sector undertakings and the word 'Domestic enquiry' is used mostly in industries in Private sector.Both follow the same principles of natural justice and the procedure laid down under disciplinary regulations or standing orders and bothe refer to in-house enquiries only, conducted by the establishments, whether in private sector or public sector.Technically there is no difference between the two except that in Government and public sector undertakings, the procedure is well documented. Both the words are interchangeable as it does not make any difference in the substatntive procedure in conducting enqiry proceedings but it has become customary to use 'domestic enquiry' with refrence to enquiries in private sector and departmental enquiries with reference to enquiries in Government and PSUs.

B.Saikumar


25th October 2013 From India, Mumbai
Dear Sir,
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.
sno
26th October 2013 From India, Delhi
There is no law stipulating any time frame for submitting replies to a charge sheet. The accepted norm is that the chargesheeted employee shall be given a reasonable time to reply to the charges. What is a reasonable time depends up on teh facts of each case, teh complexity of charges , the volume of evidence / documenst to be gone through to reply etc. Normally seven days are given to reply to a charge sheet and this is not an absolute norm. howver a charge like unauthorised absence may not require much time to reply as against charge like fraud or misappropraitaion which may require scrutiny of documenst loacted elsewhere.In such case some times a period of 48 hours may be garnted by teh mangement. however it si reasonable to garnt 7days irrespective of teh nature of charge an dteh Chargesheeted employee may request extension of time for justifiable reasons.
B.Saikumar
HR & Labour law Advisor
navi mumbai
26th October 2013 From India, Mumbai
If it is a show cause,Time limit is 48 hours. If it is a charge sheet, which is issued after the charges are framed after a preliminary enquiry, time up to 7 days are given.Further,time given for a reply to be submitted also depends on the seriousness of charges,where minor or major penalties are proposed to be awarded.However, there is no specific rules for time limit.The rule is to give a reasonable opportunity to the delinquent to defend his case.
26th October 2013 From India, Bokaro
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