‘Domestic enquiry’ is an important and integral part of Employee Relations Functions in an Organisation.
Domestic enquiry is conducted for offences committed against the establishment for misconduct, punishable under the standing orders/ conduct and discipline rules and regulations of the organization.
Domestic enquiry is conducted according to Principals of ‘Natural Justice’ ie. – a) No one should be made a judge in his own case, or the rule against bias. b) Hear the other party, or the rule of fair hearing, or the rule that no one should be condemned unheard.
It is only the employer or the appointing authority who can pronounce the penalty. The enquiry officer should examine the evidence and give his findings on charges levied on the delinquent employee.
Domestic enquiry has been provided under the standing orders to be framed in the Standing Order Act 1946. As a result, it is now well-established that such standing orders have the force of law and constitute statutory terms of employment.
The case law established over a long period had made it obligatory for employers to hold a neutral, fair and just enquiry to prove the misconduct before awarding any punishment. Let me know for detailed process for domestic enquiry.
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