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Practice And Procedure on conducting Departmental domestic and Other Enquiries

01. Discipline – Vital for Industrial Progress

02. Ideal Approach To Discipline

03. Misconduct – Importance of its Enumeration under Rules and its Proper Description

04. Preliminary Enquiry – Distinct from Departmental Domestic Enquiry

05. Suspension – The Rationale and its Various Implications

06. Principles of Natural Justice – Essential

07. Show Cause Notice – A Fact Finding and Forewarning Notice

08. Chargesheet – Key Points to make it Fool Proof

09. Departmental / Domestic Enquiry / Other Enquiries – The Concept and Characteristics

10. Steps Preparatory to Conducting Departmental / Domestic Enquiry

11. Sexual Harassment – Misconduct Against Women

12. Conducting Departmental/Domestic Enquiry/Other Enquiries – Stage Wise Procedure Upto Conclusion – Evidence – Adjournments – Objections

13. Enquiry Report and Findings – Key Points for Enquiry Officer on Drafting

14. Punishments – Key Points for Disciplinary Authority

15. Appeal

16. Termination / Discharge Simpliciter – Not an Option Simpliciter

17. Defective Enquiry – Means of Curing it

Formats

01. Format of advisory letter for routine lapses in conduct

02. Writing report of preliminary enquiry

03. Order of deemed suspension for arrest for an offence

04. Order of suspension for disorderly behaviour/ fraud pending departmental enquiry

05. Order of suspension on arrest and pending criminal proceedings

06. Order of revocation of suspension on acquittal in criminal proceedings

07. Format of order when employee is acquitted on benefit of doubt

08. Order of revoking suspension on exoneration of charges in departmental enquiry

09. General format of Show cause notice for all types of misconduct

10. For unauthorisedly remaining absent

11. Refusing to comply with transfer order

12. Theft of goods

13. Misappropriation – False leave travel concessoin, medical bills, travel reimbursement

14. Disorderly behaviour – Assault, abuse, slogan shouting

15. Agitational behaviour – Go slow

16. Illegal Strike

17. Drunkenness and disorderly behaviour

18. Sleeping while on duty

19. Unauthorised union activities/ meetings in premises of establishment

20. Insubordination, agitational behaviour, staging demonstration, gherao etc

21. General format of letter of warning to the employee on expressing regret and tendering apology

22. Letter of warning / censure after issuing show cause notice

23. Format of charge-sheet for general purpose

24. Draft of charge-sheet to be issued if show cause notice was already issued and explanation there to is not satisfactory

25. Format of chargesheet-cum-suspension order

26. Draft of charge-sheet for unauthorized absence

27. Draft of charge-sheet for refusing to comply with transfer order

28. Draft of charge-sheet for theft of goods – (raw material / finished products)

29. Draft of charge-sheet for misappropriation – claiming false LTC / medical bills / travelling reimbursement

30. Draft of charge-sheet for disorderly behaviour – Assault, using abusive language, slogan shouting

31. Draft of charge-sheet for resorting to agitational behaviour – Go slow

32. Draft of charge-sheet for participating in illegal strike

33. Draft of charge-sheet for drunkenness and disorderly behaviour

34. Draft of charge-sheet for sleeping while on duty

35. Draft of charge-sheet for conducting unauthorised union activities / meetings in the premises of factory / establishment

36. Draft of charge-sheet for insubordination, agitational behaviour, staging demonstration, gherao etc

37. Format of order for de novo enquiry

38. Format of order for common enquiry

39. Order for continuing enquiry after retirement (where permissible under service rules)

40. Format of order when explanation is satisfactory

41. Format for appointment of Enquiry Officer

42. Format for appointment of Presenting Officer

43. Format of letter to chargesheeted employee intimating of appointment of Enquiry Officer and Presenting Officer

44. Notice from enquiry officer to the charge sheeted employee informing him about the date, time and venue of enquiry

45. Letter of intimation of enquiry to witnesses

46. Letter to the chargesheeted employee seeking adjournment on sickness grounds to get himself medically examined and submit Certificate

47. Format of enquiry proceedings

48. Format of enquiry report and findings

49. Format of covering letter forwarding report and findings

50. Letter forwarding enquiry report and findings to the charge sheeted employee inviting his submissions thereon

51. Draft of differing findings of the disciplinary authority

52. Order of punishment of dismissal (Where disciplinary authority concurs with the findings of enquiry officer)

53. Order of penalty where charge-sheeted employee raised objections in his submissions over findings of the enquiry officer

54. Order of penalty of dismissal in case of protected workman

55. Order of penalty where the charge sheeted employee admitted guilt and enquiry was dispensed with

56. Order of dismissal on conviction in criminal proceedings

57. Order of penalty in case of an employee under suspension who is dismissed, (as to how the suspension is to be treated)

58. Format of order proposing penalty to the charge sheeted employee

59. Order of Appellate Authority