Q14 disciplinary Proceeding.

Introduction domestic enquiry means” An administrative” proceeding considering the suspension or expulsion of worker from employment as result of misconduct or crime for which he or she was convected ART-311-of the constitution of India and disciplinary proceeding related to government servant (civil official )of both central and state government ART311 of the constitution of India Domestic enquiry means an enquiry conduct by the employer in matter of misconduct of an employee ( ART 311 of the constitution of india and disciplinary proceeding)Causing harm to the employer or to the industry employer may conduct domestic enquiry Master Servant RelationAppropriate disciplinary action against that employee it is called domestic enquiryin disciplinary proceeding against his servant.


Object Necessity Of Domestic Enquiry

  1. Domestic inquiry is one of mode to settle the dispute amicably and establish peace in industry

  2. Judicial characteristic –principal of natural

  3. justice enquiry

  4. Save time and expenses of the regular court

  5. Termination of employee is service must be preceded bya proper domestic enquiry

  6. Accordance with natural justice


Case law (natural justice domestic enquiry )

State Bank Vs R.k Air 1999

Fact of this case natural justice means the ruleand procedure to be followed by any person or body charged with dutyof adjudicating upon disputes between or right of others (example –government department )


Principles of Natural Justice

Natural justice 4 rules


1) RULE AGAINST BIAS (no one shall be a judge in his own cause )

2) RULE FOR FAIR HEARING (no one shall be condemned unheard )

3) REASONABLE DECISIONS

4) AVAILABILITY OF RELEVANT DOCUMENT TOTHE PARTIES CONCERNED


Charge sheet : If the alleged misconduct of the employee hasno relation to charge formed against him

  1. Appointment of union enquiry officer

  2. Notice

  3. Precence of workman

  4. Document (disclosure of material enquiry report )

  5. Right to cross examination

  6. Re presentation bylawyer /union

  7. Inquiryreport

  8. Simultaneous disciplinary proceeding & criminal trial



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