Navigating Disciplinary Proceedings: How Do You Handle Domestic Enquiries?

Dear All,

Disciplinary proceedings are a fundamental aspect of an HR professional's life. It is indeed a very sensitive and tricky subject where mistakes can result in errant employees going scot-free even after committing offenses or violating rules. I am enclosing a Domestic Enquiry write-up prepared by one of my respected senior colleagues, which will assist all HR professionals in dealing with disciplinary proceedings where domestic enquiry forms an integral part. Suggestions and comments are expected from members of the forum.

Kind Regards,
SC

Dear Swastik,

Is it mandatory to have a four-member enquiry committee to inquire into the charges? May I know the relevant legal provision?

Regards,
Anil Kaushik

Dear Anil,

Sorry for the delay. No, it is not mandatory to have 4 persons. As for legal provisions, discipline falls under standing orders and the principle of natural justice.

Regards,
SC

Hi, I would like to know the meaning of "documents to be taken on record by the Inquiry Officer" immediately after the completion of inspection of documents, if not challenged. Does it mean that all the documents should find a place in the "Daily Order Sheet" by marking them as P-1, P-2... or any other name? In case the Inquiry Officer has not taken them on record (i.e. in the Daily Order Sheet of the First Regular Hearing), then whether he can use them while writing his Inquiry Report. Can you please quote any Case Law in this regard.

My email is [Login to view].

Regards.

Hi everyone,

Generally, an enquiry officer, if sourced externally, should be impartial, and there is no necessity to have four individuals in the enquiry besides the enquiry officer. First and foremost, I would like to emphasize that enquiries are conducted based on the principles of natural justice, and no specific laws apply to this process. All documents presented by the presenting officer or workmen should be taken on record by annexing them with the enquiry.

Thank you.

J. S. Malik