Domestic Enquiry rests on the principles of natural justice, wherein a person charged of 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; wherein an employee alleged to have committed any misconduct is summarily terminated or forced to give resignation. Except in a few good companies and PSU's, these days such principles are seldom followed. Even in the surveys for "Best Employer" or "Best Organization", these principles and even legal compliances; do not find any place; and are focussed more on the perks and "hygiene" factors provided to employees.
Domestic Enquiry being considered as a quasi-judicial process; follows 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 and leads 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, enquiry is held to substantiate the charges, so that later (if required) in any other Court of Law/Labour Court, it can be proved that the "due process" was held diligently.
The MR puts forth his witnesses and evidences (documents etc.) to prove the alleged charges.
Then 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 fount guilty or not, of the alleged charges - and sends it in a sealed cover to the Disciplinary Authority, who had called for an enquiry, and appointed him the Enquiry Officer.
It is totally the jurisdiction of 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 heresay.
Warn regards.