What Exactly Should a Management Representative Do in a Domestic Enquiry? Seeking Guidance

Hello friends. I just want to know what is the duty/responsibility and role of the Management Representative while conducting the domestic enquiry proceeding. For example, to hold a domestic enquiry into the case, the Disciplinary Authority (A) appointed the Enquiry Officer (B) and the Management Representative (C). The Enquiry Officer (B) has served the enquiry notice fixing the date of the enquiry with a copy to the Management Representative, Disciplinary Authority (A), and the Delinquent Employee.

My question is, who will intimate the complainant and management witnesses, if any, to appear before the enquiry proceeding on the scheduled date and time, as the Enquiry Officer (A) has not given any intimation to the Complainant and his witnesses. As far as I am concerned, it is the duty and responsibility of the Disciplinary Authority/Appointing Authority who appointed the Enquiry Officer and Management Representative.

Please guide me in this regard with any reference/books. pkc3000

Dear,

The role of the Management Representative is like that of a prosecutor in a case. It is only the Enquiry Officer who should communicate. During the first hearing of the Enquiry, where the delinquent should be present, the Presenting Officer will submit the documents (if documents have not already been submitted) and the list of witnesses. In the next hearing, the witnesses can be presented without summoning, and their testimony can be recorded along with marking the documents through the witnesses.

Each witness will be examined in Chief by the Presenting Officer. No leading questions are permitted, and the documents for which the witness is either the author or is aware of will be marked. Thereafter, the delinquent will be permitted to cross-examine each witness. The entire proceeding verbatim needs to be recorded. Then the Delinquent will be permitted to present his oral and documentary evidence.

In CITEHR, you have downloads which you can look up.

With Regards

Domestic Enquiry rests on the principles of natural justice, wherein a person charged with committing any misconduct is provided an opportunity to defend himself. Unfortunately, whether this principle is being followed or not is evident from several responses from HR professionals. In these cases, an employee alleged to have committed any misconduct is summarily terminated or forced to resign. Except in a few good companies and PSUs, such principles are seldom followed these days. Even in surveys for "Best Employer" or "Best Organization," these principles and legal compliances do not find any place, instead focusing more on the perks and "hygiene" factors provided to employees.

Domestic Enquiry is considered a quasi-judicial process, following the same pattern as in a Court of Justice. The Enquiry Officer acts like a Judge, and the Management Representative acts like the Public Prosecutor, leading the charges.

The charge-sheeted employee is asked by the Enquiry Officer whether he pleads guilty (or innocent) to the charges partially or in full. Even if the employee pleads guilty, an enquiry is held to substantiate the charges so that later, if required in any other Court of Law/Labour Court, it can be proven that the "due process" was held diligently.

The Management Representative puts forth his witnesses and evidence (documents, etc.) to prove the alleged charges.

Then an opportunity is given to the employee (or his representative) to cross-examine the witnesses. Cross-examination is a tool to bring out the truth in case witnesses are "tutored" to give biased statements; therefore, leading questions are allowed.

When the arguments are over, which may take several sittings, the Enquiry Officer records his finding - whether the employee had been found guilty or not of the alleged charges - and sends it in a sealed cover to the Disciplinary Authority who called for an enquiry and appointed him the Enquiry Officer.

It is entirely the jurisdiction of the Disciplinary Authority to award the punishment and the quantum; which he is required to do by "applying his mind," which means without any prejudices or hearsay.

Warm regards.

📘 Role of Management Representative (MR) in Domestic Enquiry
The Management Representative (MR), also known as the Presenting Officer, is appointed by the Disciplinary Authority (DA) to present the case on behalf of the employer.

✅ Primary Duties and Responsibilities:
Present the Case Against the Delinquent Employee
Frame and present the charge sheet and the statement of allegations.
Lead the case by presenting documents, evidence, and management witnesses.
Summon Witnesses & Coordinate Attendance
It is the MR's responsibility to coordinate and ensure the appearance of complainant and management witnesses.
The Enquiry Officer (EO) is a neutral party and does not play a role in summoning witnesses.
MR should issue letters or requests (usually with the help of HR/Admin) for the attendance of relevant management personnel.
Examine and Cross-Examine Witnesses
Conduct examination-in-chief of management witnesses.
Cross-examine the delinquent employee's witnesses if required.
Submit Evidence & Supporting Documents
Produce certified copies or originals of documents like attendance sheets, CCTV footage, complaints, etc.
Maintain a list of evidence submitted.
Assist Enquiry Officer (EO) in Procedural Matters
Ensure smooth conduct of the enquiry.
Raise objections if procedures of natural justice are violated.
Submit Written Brief or Summary

After all proceedings are done, the MR should submit a written brief/summary of the management's side.
Liaise with Disciplinary Authority (DA)
Keep DA informed of enquiry progress.
Once the EO submits the report, MR may assist in disciplinary action recommendations if required.

⚖️ Legal & Procedural Notes:
The Enquiry Officer (EO) is expected to remain neutral and cannot take the responsibility of summoning witnesses.
The Disciplinary Authority (DA) has an overarching supervisory role but does not directly interfere in daily enquiry proceedings unless procedural flaws arise.
The MR acts similarly to a prosecutor in a court, representing the management.

📚 References:
“Domestic Enquiry” by H.L. Kumar – A widely referred book with detailed case laws and procedures.
Indian Labour Law Journals (ILLJ) – For case law references on domestic enquiries.
Supreme Court Judgements:
State of Uttar Pradesh vs. Saroj Kumar Sinha – Emphasizes natural justice.
Union of India vs. Tulsiram Patel – Clarifies procedural fairness in departmental enquiries.