Civil Procedure Code (CPC)

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Querist : Anonymous (Querist)
07 October 2010

dear experts,
When is home inquiry?
what is the procedure for it?
Can Art.311(2)apply to Govt. and Private employes?


s.subramanian (Expert)
07 October 2010

It is not home enquiry. It is called Domestic Enquiry. It is to be conducted following the principles of natural justice.There is no prescribed procedure for the same. Art.311 does not extend to private employees.

Devajyoti BarmanOnline (Expert)
07 October 2010

Right.

aman kumar (Expert)
13 October 2010

No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: Provided further that this clause shall not apply
(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or
(b) where the authority empowered to dismiss or remove a person or to reduce him in rank ins satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or
(c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry. so its is not for private employes

M V GuptaOnline (Expert)
19 October 2010

It appears that my learned friend Mr. Aman Kumar has not read the question properly. The answer given by my learned friend Mr. Subramanian is correct.


Querist : Anonymous (Querist)
19 October 2010

i.When is home inquiry?
A.inquiry by the employee department.
ii.what is the procedure for it?
A. see the Rule of the perticular department, if the central gov. employee case see ccs rule or suwami's jurnal on the said rules.
iii.Can Art.311(2)apply to Govt. and Private employes?
Both.see AIR 1994 SC 1074.


Querist : Anonymous (Querist)
19 October 2010


author : Anonymous

Posted On
19 October 2010
i.When is home inquiry?
A.inquiry by the employee department.
ii.what is the procedure for it?
A. see the Rule of the perticular department, if the central gov. employee case see ccs rule or suwami's jurnal on the said rules.
iii.Can Art.311(2)apply to Govt. and Private employes?
Both.see AIR 1994 SC 1074.



Advocate. Arunagiri (Expert)
22 October 2010

I agree with Mr.subramanian.



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