Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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domestic enquiry

(Querist) 30 April 2008 This query is : Resolved 
Can any body tell me what is domestic enquiry & what are the principles of natural & mutual justice.
plz mail me notes as i have this topic in my MBA final semester under labour laws.


kamleshdevikar@yahoo.com
kamlesh (Querist) 30 April 2008
plz answer it quickly
Rajesh Kumar (Expert) 30 April 2008
Domestic inquiry means in house inquiry. It is commonly used in employer and employee relationship. When an employee is accused of some misbehaviour, the inquiry is conducted against him. If the charges are proved, appropriate penalty is imposed on the employee like reduction of pay, or lowering of rank, or stricture or even dismissal from service.
Natural justice refers to procedural fairness. In the proceeding before law, there is Civil Procedure Code or Criminla procedure code which prescribes the procedure of the proceeding. However, in domestic inquiry these codes are not applicable and the inquiry officers is expected to follow the principles of natural justice. There are various principles of natural justice- like audi alteram partem- means no body should be condemned unheard, no body should be a judge in his own cause (the judge must bot be biased), justice should not only be done- it should seen to have been done etc. These basic principles are expanded to meet various situations like notice, supply of relied upon documents, no evidence on back of the accused, cross examination, speaking order etc.
H. S. Thukral (Expert) 30 April 2008
Dear
I want to add few line in continuation of the above reply
When a dispute is brought before the industrial court on the punishment awarded on the basis of inquiry , the industrial court will scrutinise whether a proper inquiry is conducted or not. If the inquiry is not fair and principles of natural justice are violated the court can set aside the punishment. Courts can also substitute lesser punishment if the punishment given to employee is not proportionate to the gravity of charges.


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