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depermental inquerey

(Querist) 21 October 2010 This query is : Resolved 
canyou guide about depermental inquerey proseding
Kirti Kar Tripathi (Expert) 21 October 2010
departmental inquiry and domestic inquiry both are though seems one but there is a basic difference. departmental inquiry is related with government agencies, whereas domestic enquiry with industrial law. Domestic Enquiry the role of principles of Natural Justice is main where as in department inquiry along with principles of natural justice the rule and regulations of the departments pertaing to the service condition plays vital role. Generally issue of chargeshee and asking of explanation, consideration of explanation submitted by delinquent employee and if found unsatisfactory, institution of inquiry and appointment of EO. thereafter coduct of enquiry proceeding, in which proper opportunity of representation, proving of charges by adducing evidence by the department, there cross examination by the delinquent employee, thereafter providing opportunity to rebut the same by the employee, analysis of material arrived in enquirer and submition of report. lastly decision on the charges include departmental proceedings.
Akhilesh Maurya (Expert) 21 October 2010
The departmental inquiry is a inquiry done by department in which the higher authority appoints one or two persons for doing inquiry about complaint. First of all the complainant is asked for genuiness of his complaint and also asked to produce evidence if any. Then a notice is given to the person against whom the D.I. is going on and asked him to give his statement and if required a chance is also given to him to produce his defence and also to cross examin the complainant. Then the decisions is given accordingly. One thing is important that the D.I. is one thing and the court prociding is another.
Khaleel Ahmed (Expert) 21 October 2010

experts well advised .
niranjan (Expert) 21 October 2010
I would like to add that there are two types of punishments viz. minor and major penalty.The procedure narrated by learned Tripathiji is for major penalties.In minor penalty only explanation is asked and punishment of censure is given or stopping of increment without future effect.
Sathyan A.R. (Expert) 22 October 2010
The departmental enquiry are governed by the rules of Diciplinary proceedings of either state or Central. Whether it is central or state or public sector or private sector the initial step tht should be folowed by the authority is to issue a show cause seeking your explanation for the deliquent act. This is a must under the spirit of Natural justice.

Othr proceadure are guided by the respective rules framed by the /central/stte.
deparment
As state by the expets the classification of majour minor offences is an imprtant step to commence proceedings.


A.R.Sathyan
Advocate. Arunagiri (Expert) 22 October 2010
Your query is very general. Please frame the query to your need. They only you can get the advise suitably.
Sri Vijayan.A (Expert) 22 October 2010
The departmental enquiry shall be in accordance with Public Servants (Inquiries) Act 1850
Devajyoti Barman (Expert) 24 October 2010
I agree.
s.subramanian (Expert) 24 October 2010
Mr.Kirti is right.


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