How to Conduct a Domestic Enquiry with Natural Justice Principles

How to conduct Domestic Enquiry on the principle of Natural justice.

How to write Enquiry Report by EO & what all points to be considered by Enquiry officer in his report before submitting to Management.

Conducting a Domestic Enquiry on the principle of Natural justice involves several key steps:

1. Notice of Charge: An individual should be informed about the charges against them in writing. The notice should clearly state the allegations and the basis for them.

2. Opportunity to Defend: The individual should be given an opportunity to defend themselves against the charges. They should have the right to present evidence, call witnesses, and cross-examine the prosecution's witnesses.

3. Impartiality: The enquiry officer should be unbiased and impartial. They should not have any prior involvement in the matter.

4. Enquiry Proceedings: The proceedings should be conducted fairly and transparently. All evidence should be recorded.

5. Enquiry Report: After the enquiry, the officer should prepare a report detailing the proceedings, evidence presented, and their findings. The report should be based solely on the evidence presented during the enquiry.

When writing the Enquiry Report, the Enquiry Officer should consider the following points:

1. Clear and Precise: The report should clearly state the charges, the evidence presented, and the findings.

2. Based on Evidence: The findings should be based solely on the evidence presented during the enquiry. Any evidence not presented during the enquiry should not be considered.

3. Reasoned Decision: The report should contain a reasoned decision based on the evidence presented.

4. Recommendation: Based on the findings, the officer should make a recommendation to the management.

5. Submission to Management: The report should be submitted to the management, who will make the final decision based on the report.

Remember, the principles of Natural Justice focus on fairness, reasonableness, non-partisanship, and a chance to be heard. It's important to ensure these principles are upheld throughout the enquiry process.

𝘿𝙚𝙖𝙧 𝙈𝙧 𝙎𝙝𝙪𝙠𝙡𝙖 𝙑𝙎,
𝘼 𝙙𝙤𝙢𝙚𝙨𝙩𝙞𝙘 𝙚𝙣𝙦𝙪𝙞𝙧𝙮 𝙞𝙨 𝙖 𝙛𝙤𝙧𝙢𝙖𝙡 𝙥𝙧𝙤𝙘𝙚𝙨𝙨 𝙩𝙤 𝙞𝙣𝙫𝙚𝙨𝙩𝙞𝙜𝙖𝙩𝙚 𝙖𝙡𝙡𝙚𝙜𝙚𝙙 𝙢𝙞𝙨𝙘𝙤𝙣𝙙𝙪𝙘𝙩 𝙗𝙮 𝙖𝙣 𝙚𝙢𝙥𝙡𝙤𝙮𝙚𝙚, 𝙚𝙣𝙨𝙪𝙧𝙞𝙣𝙜 𝙛𝙖𝙞𝙧𝙣𝙚𝙨𝙨 𝙖𝙣𝙙 𝙖𝙙𝙝𝙚𝙧𝙚𝙣𝙘𝙚 𝙩𝙤 𝙥𝙧𝙞𝙣𝙘𝙞𝙥𝙡𝙚𝙨 𝙤𝙛 𝙣𝙖𝙩𝙪𝙧𝙖𝙡 𝙟𝙪𝙨𝙩𝙞𝙘𝙚.
𝙄𝙩 𝙞𝙣𝙫𝙤𝙡𝙫𝙚𝙨 𝙖 𝙨𝙩𝙧𝙪𝙘𝙩𝙪𝙧𝙚𝙙 𝙥𝙧𝙤𝙘𝙚𝙙𝙪𝙧𝙚, 𝙞𝙣𝙘𝙡𝙪𝙙𝙞𝙣𝙜 𝙞𝙨𝙨𝙪𝙞𝙣𝙜 𝙖 𝙘𝙝𝙖𝙧𝙜𝙚 𝙨𝙝𝙚𝙚𝙩, 𝙖𝙡𝙡𝙤𝙬𝙞𝙣𝙜 𝙩𝙝𝙚 𝙚𝙢𝙥𝙡𝙤𝙮𝙚𝙚 𝙩𝙤 𝙧𝙚𝙨𝙥𝙤𝙣𝙙, 𝙖𝙥𝙥𝙤𝙞𝙣𝙩𝙞𝙣𝙜 𝙖𝙣 𝙞𝙣𝙦𝙪𝙞𝙧𝙮 𝙤𝙛𝙛𝙞𝙘𝙚𝙧, 𝙜𝙖𝙩𝙝𝙚𝙧𝙞𝙣𝙜 𝙚𝙫𝙞𝙙𝙚𝙣𝙘𝙚, 𝙖𝙣𝙙 𝙥𝙤𝙩𝙚𝙣𝙩𝙞𝙖𝙡𝙡𝙮 𝙡𝙚𝙖𝙙𝙞𝙣𝙜 𝙩𝙤 𝙙𝙞𝙨𝙘𝙞𝙥𝙡𝙞𝙣𝙖𝙧𝙮 𝙖𝙘𝙩𝙞𝙤𝙣. Here's a breakdown of the procedure:
1. Preliminary Inquiry:
A preliminary investigation is conducted to assess if there's sufficient evidence to proceed with a formal inquiry.
If evidence is lacking, the charges may be dropped.
2. Charge Sheet:
If sufficient evidence exists, a charge sheet is issued to the employee, outlining the specific allegations, dates, and potential consequences.
The charge sheet should be clear, specific, and unambiguous.
It should also reference relevant company policies or rules.
The charge sheet should be served to the employee with witnesses.
3. Employee's Response:
The employee is given an opportunity to respond to the charge sheet, either admitting guilt, denying the allegations, or requesting more information.
They may also seek an extension of time to prepare their response.
4. Appointment of Inquiry Officer:
If the employee denies the allegations, an inquiry officer (a neutral party) is appointed to conduct a formal inquiry.
The inquiry officer can be internal or external to the organization.
The employee can have a representative (e.g., a co-worker or union representative) to assist them during the inquiry.
5. Inquiry Process:
The inquiry officer gathers evidence, examines witnesses, and allows both sides to present their case.
The employee has the right to cross-examine witnesses and present their own defense.
The inquiry officer must ensure the principles of natural justice are followed.
6. Findings and Report:
The inquiry officer analyzes the evidence and submits a report to the management, outlining their findings and recommendations.
The report should state whether the charges have been proven or not.
The inquiry officer does not impose punishment; this is the responsibility of the management.
7. Disciplinary Action (if applicable):
If the charges are proven, the management will review the report and may impose disciplinary action based on the company's policies and rules.
The employee will be informed of the outcome and any disciplinary measures taken.
The employee has the right to appeal any disciplinary action through the appropriate channels.
8. Natural Justice:
Throughout the entire process, the principles of natural justice must be upheld.
This includes the right to a fair hearing, the right to know the charges, the right to present a defense, and the right to cross-examine witnesses.
The inquiry should be conducted impartially and without bias.
It is mostly believed by the employees that the inquiry is not fair. Therefore, the IO/EO should documented or can go for videography and provide ample opportunity to the employees to establish himself fully.