Kindly provide a format for domestic enquiry for an employee who has absconded
From India, Mumbai
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2From India, Mumbai
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Kritarth Team presents the following format for domestic inquiry purposes:
Steps: Pre-Inquiry Stage:
1. Issue a Charge Sheet or a letter seeking a written explanation, which clearly and specifically narrates/mentions/states/describes the alleged acts of misconduct (date, time, place of occurrence of the incident/event/the act itself) within the meaning of the codified service rules or the certified standing orders as applicable to the delinquent employee/worker.
2. Inform the charge-sheeted employee/worker that for the alleged act of misconduct, he/she is liable to disciplinary action as per the SR or SO, as the case may be.
3. Ask the delinquent employee to submit his/her explanation within stipulated days as to why disciplinary action should not be taken for the alleged actions of misconduct.
4. After the written explanation/reply in his/her defense is received, the punishing authority needs to apply his/her mind to determine whether the explanation is acceptable/admissible and if not, take the following action.
5. Appoint, by issuing a written order, an inquiry officer or an inquiry committee, nominating the management representative from amongst executives/officers/managers to present management's case before the inquiry officer or the inquiry committee, copy to the charge-sheeted employee.
6. Forward all relevant documents/papers to the inquiry officer or the inquiry committee to commence their inquiry proceedings in accordance with the principles of natural justice as well as the procedures laid down for such domestic inquiries.
Domestic Inquiry Steps: Steps to be adhered to by the Inquiry Officer/Inquiry Committee:
i) Inform the charge-sheeted employee, by a notice, addressed to him/her, about the date, time, and place of inquiry scheduled and advising him/her to attend the proceedings along with his/her witnesses and/or documentary evidence he/she wishes to examine in his/her defense.
ii) Commence, conduct, and conclude the inquiry proceedings, in the order prescribed, in accordance with the twin principles of natural justice (being fair, just, and proper without any arbitrariness whatsoever).
iii) Create and maintain records of testimonies and the order sheets, admit documentary evidence and mark them as exhibits.
iv) Allow cross-examination.
v) Proceed with ex parte inquiry if and when in spite of due inquiry notices as provided for in the SR or SO, either the employee or the MR absents or abstains from proceedings.
vi) Allow the employee to be assisted by his/her co-worker or union's rep during proceedings ensuring that the rep does not take the role of the employee.
(Word of Caution: In case the employer (punishing/disciplining authority) appoints or associates a legally trained person such as a lawyer, advocate, or pleader with the inquiry as the inquiry officer, the charge-sheeted employee cannot be denied assistance during the inquiry by his/her rep who may also be a legally trained person). All reasonable opportunities must be provided to the defending employee to defend himself/herself. An amicable environment must be ensured during inquiry proceedings. The inquiry officer or the inquiry committee is entrusted with the duty and role of ascertaining the facts and circumstances of the case before him/her, which must be uppermost in his/her mind.
Post-Inquiry Action Steps:
A. The inquiry officer or the inquiry committee should write an inquiry report with definite and conclusive findings based on material on record.
B. Submit or forward the inquiry report with findings to the appointing/punishing authority for further necessary disciplinary action.
Kritarth Team of Inquiry Professionals has written guidelines (dos and don'ts/duties, responsibilities, and roles) for:
- The inquiry officer/committee.
- Management representative.
- Charge-sheeted employee.
- The person assisting the charge-sheeted employee.
- Punishing authority (proportionate punishment, etc).
Requests for assistance and guidance welcome.
Kritarth Team of Inquiry Professionals
23rd July 2018
From India, Delhi
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Steps: Pre-Inquiry Stage:
1. Issue a Charge Sheet or a letter seeking a written explanation, which clearly and specifically narrates/mentions/states/describes the alleged acts of misconduct (date, time, place of occurrence of the incident/event/the act itself) within the meaning of the codified service rules or the certified standing orders as applicable to the delinquent employee/worker.
2. Inform the charge-sheeted employee/worker that for the alleged act of misconduct, he/she is liable to disciplinary action as per the SR or SO, as the case may be.
3. Ask the delinquent employee to submit his/her explanation within stipulated days as to why disciplinary action should not be taken for the alleged actions of misconduct.
4. After the written explanation/reply in his/her defense is received, the punishing authority needs to apply his/her mind to determine whether the explanation is acceptable/admissible and if not, take the following action.
5. Appoint, by issuing a written order, an inquiry officer or an inquiry committee, nominating the management representative from amongst executives/officers/managers to present management's case before the inquiry officer or the inquiry committee, copy to the charge-sheeted employee.
6. Forward all relevant documents/papers to the inquiry officer or the inquiry committee to commence their inquiry proceedings in accordance with the principles of natural justice as well as the procedures laid down for such domestic inquiries.
Domestic Inquiry Steps: Steps to be adhered to by the Inquiry Officer/Inquiry Committee:
i) Inform the charge-sheeted employee, by a notice, addressed to him/her, about the date, time, and place of inquiry scheduled and advising him/her to attend the proceedings along with his/her witnesses and/or documentary evidence he/she wishes to examine in his/her defense.
ii) Commence, conduct, and conclude the inquiry proceedings, in the order prescribed, in accordance with the twin principles of natural justice (being fair, just, and proper without any arbitrariness whatsoever).
iii) Create and maintain records of testimonies and the order sheets, admit documentary evidence and mark them as exhibits.
iv) Allow cross-examination.
v) Proceed with ex parte inquiry if and when in spite of due inquiry notices as provided for in the SR or SO, either the employee or the MR absents or abstains from proceedings.
vi) Allow the employee to be assisted by his/her co-worker or union's rep during proceedings ensuring that the rep does not take the role of the employee.
(Word of Caution: In case the employer (punishing/disciplining authority) appoints or associates a legally trained person such as a lawyer, advocate, or pleader with the inquiry as the inquiry officer, the charge-sheeted employee cannot be denied assistance during the inquiry by his/her rep who may also be a legally trained person). All reasonable opportunities must be provided to the defending employee to defend himself/herself. An amicable environment must be ensured during inquiry proceedings. The inquiry officer or the inquiry committee is entrusted with the duty and role of ascertaining the facts and circumstances of the case before him/her, which must be uppermost in his/her mind.
Post-Inquiry Action Steps:
A. The inquiry officer or the inquiry committee should write an inquiry report with definite and conclusive findings based on material on record.
B. Submit or forward the inquiry report with findings to the appointing/punishing authority for further necessary disciplinary action.
Kritarth Team of Inquiry Professionals has written guidelines (dos and don'ts/duties, responsibilities, and roles) for:
- The inquiry officer/committee.
- Management representative.
- Charge-sheeted employee.
- The person assisting the charge-sheeted employee.
- Punishing authority (proportionate punishment, etc).
Requests for assistance and guidance welcome.
Kritarth Team of Inquiry Professionals
23rd July 2018
From India, Delhi
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