Can We Conduct Two Separate Domestic Inquiries at the Same Time for Different Misconducts?

Simultaneous Domestic Inquiries

Can we run two domestic inquiries separately and simultaneously against one delinquent for two different misconducts as per the rules? Please shed some light on this query.

Regards,
Sacheein

Domestic enquiries are initiated based on the principle of natural justice, and there is no specific law detailing the process for domestic enquiries. If you have two different charges at different times against one employee, then two domestic enquiries can run simultaneously.

Regards,

Yes, two separate inquiries can be proceeded with simultaneously for two separate instances of misconduct. There is nothing illegal in it. However, upon the conclusion of the inquiries, separate punishments could be given or they could be combined to impose a more severe punishment.

Regards,
KK Nair

Thank you to Malik & KKNair, sir. If we issue a second charge sheet to the delinquent for a different misconduct, there might be a chance that he blames the management, stating that they put me in a fix. It was already decided, management compelled me to do this, etc. What effect will this have on the first inquiry? What is the maximum period to issue a charge sheet for misconduct?

Regards,
Sacheein

Ideally, after receiving an explanation from the accused employee, the charge sheet should be served within 7 working days.

If we issue a second charge sheet to the delinquent for different misconduct, there might be a chance that he blames management, saying they put me in a fix, it was already decided, management compelled me to do this, etc. What is the effect on the first inquiry? What is the maximum period to issue a charge sheet for misconduct?

Regards,
Sacheein

Dear Sacheein, The delinquent employee may blame the management, but that happens in every case. However, that should not deter the management from issuing a second charge sheet. There is always this allegation that management has pre-decided. This is very easily said, but proving a charge of bias or prejudice is not so easy. As stated in the principles of a domestic enquiry, the main concern is the maintenance of discipline, which is a fundamental need for any industrial activity to exist. So, for the purpose of maintaining discipline in the unit, a second or more charge sheets could be issued. There are such cases handled by me. The issue of a second charge sheet will not affect the first charge sheet as the two proceedings are independent, and that should be the effort. It is better to keep different enquiry officers for each.

As regards the time period, there is no fixed period as per statute. Please check the standing orders applicable to your undertaking. However, the principle is that the earliest the better, and any delay in issuing the charge sheet needs to be explained if called upon to do so. Please safeguard against allegations that the management did not have any evidence and took time to fabricate them.

Hope the above clarifies.

Regards, KK

No, we can't run two separate domestic inquiries. Please amend the charge sheet accordingly; otherwise, your inquiry would be vitiated. Please consult with a lawyer as well.

Thanks,

Dear Sir,

Question Regarding Simultaneous Inquiries

The question is, if the first inquiry is ongoing and the employee is not suspended for the pending inquiry, during this time, if they are responsible for any misconduct under the act, can you initiate a second inquiry?

Regards,
Sacheein

Yes, it would be legal and proper to issue a second charge sheet for another misconduct. If the circumstances are such, then he can be suspended as well. We had a case where an employee was proceeded against for his frequent unauthorized absences. During the ongoing inquiry, one day he arrived at work carrying Rs. 50,000 in a small bag, approached his manager, and threatened him with murder, using the money for supari, if the inquiry continued. He then repeated this act in front of management witnesses. Security apprehended him and handed him over to the police. This individual was suspended, and a separate inquiry ensued. We dismissed him from service as a cumulative punishment for both cases.

Regards,
KK Nair