Domestic vs. Departmental Enquiry: How Do They Differ and Who Should Lead Them?

Difference Between Domestic and Departmental Enquiry

1. What is the difference between a domestic enquiry and a departmental enquiry?

2. Ideally, who should be an inquiry officer in both cases?

In a domestic enquiry, the investigation is conducted by an internal committee to address issues related to employee misconduct within the organization. On the other hand, a departmental enquiry typically involves an investigation conducted by an external or neutral officer to ensure impartiality and fairness.

Role of the Inquiry Officer

The choice of an inquiry officer is crucial in both cases to maintain transparency and impartiality throughout the investigation process. Ideally, the inquiry officer should be someone with experience in handling such matters, possessing a strong understanding of the organization's policies and procedures, and having the ability to conduct a thorough and unbiased inquiry.

Well, there's a slight difference between both. For a domestic enquiry, it could be at a national or local level. A departmental inquiry could be domestic or internationally related for a specific department. There should be two officers: one for domestic and the other would be department-specific.

It appears one is confused by the use of the term "Departmental Inquiry." Generally, the disciplinary inquiry conducted in any government department is referred to as a Departmental Inquiry, primarily because there is an Inquiry Department. All such matters are handled by the Inquiry Department. Naturally, people began referring to it as a Departmental Inquiry.

There is no difference between a domestic inquiry and a departmental inquiry, although some procedural variations may exist.

Any person who is not connected with the cause can be an Inquiry Officer in any domestic inquiry. However, in a departmental inquiry, any person from and within the Inquiry Department can be delegated the powers of an Inquiry Officer.

In some rules, such as the secondary school code, an inquiry by an Inquiry Committee is prescribed.

Six Conditions for Disciplinary Inquiry

A disciplinary inquiry, regardless of its name, must satisfy six conditions:
1. A charge sheet detailing the specific charges of misconduct.
2. Evidence from management and an opportunity for cross-examination by the worker.
3. Evidence from the worker and an opportunity for cross-examination by management.
4. Relevant documents.
5. Proper recording of proceedings.
6. Findings and an Inquiry Report.

It is needless to mention that the entire process must proceed in a fair and proper manner so that the principles of natural justice are followed, and the delinquent employee is heard.

There is no difference between a domestic inquiry and a departmental inquiry, as both Mr. Kishore Kulkarni and Keshav Korgaonkar said. The term 'Departmental Inquiry' is predominantly used in government and public sector undertakings, while 'Domestic Inquiry' is more commonly used in private sector industries. Both types of inquiries adhere to the same principles of natural justice and the procedures outlined in disciplinary regulations or standing orders. They both refer to in-house inquiries conducted by establishments, whether in the private sector or public sector.

Technically, there is no distinction between the two types of inquiries, except that in government and public sector undertakings, the procedures are well-documented. The terms 'domestic inquiry' and 'departmental inquiry' are often used interchangeably, as they do not affect the substantive procedure of conducting inquiry proceedings. However, it has become customary to use 'domestic inquiry' when referring to inquiries in the private sector and 'departmental inquiry' when referring to inquiries in government and public sector undertakings.

Regards,
B. Saikumar