Domestic Enquiry Case Study

The law relating to domestic enquiry is very vast and varied. It is scattered over number of statues, orders, standing orders and decisions of courts. To understand and appreciate it we have to carefully go through the concepts of rights and obligations and duties, a worker has acquired certain rights and it is the manifestation of these rights, which had culminated into this branch of law. The concept of hire and fire has lost its recognition altogether in the last decades of development and rising social environment. In Present days, the contract of service is supported by central and state regulations with regard to the terms and conditions of service and relations of the workers with their employers. There are mutual rights and obligations …show more content…
A charge should not relate to a matter which has already been the subject matter of an enquiry and decision.
Service of Charge sheet:
The charge sheet should be served on the delinquent employee. In person and his acknowledgment should be obtained, if he is not present the charge sheet should be sent to his address. if the employee concerned refuses to accept the registered letter , the return postal envelope should be retained without opening.
The employee should be given reasonable time to reply to charge sheet. If on expiry of the period he fails to submit his explanation, another notice may be issued to him drawing his attention to the fact that he had failed to reply to the charge sheet and it is presumed that he had no explanation to offer.
Suspension pending enquiry: Where an employee is charge with a serious misconduct for which a major punishment is contemplated and in the interest of security safety or maintenance of discipline and good order in the interest of security safety or maintenance of discipline and good order in the establishment , it is considered undesirable that he should remain on duty, the employee may be placed under suspension. It is desirable to issue the order of suspension along with charge …show more content…
Any kind of bias, pecuniary or otherwise will disqualify the person from acting as enquiry officer. An eye witness should not be the enquiry officer. Even a reasonable apprehension of bias is sufficient, though the bias is not actually proved. The Supreme Court held that acting as a judge and as witness violates the principle of natural justice. An employee can be a enquiry officer . Supreme Court has heed that bias is not attributable simply on the ground that the enquiry officer being employee of the company will therefore decide in its favour. Similarly bias can not be attributed to the company’s lawyer or