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Vijaykumar (Legal Offier)     30 June 2015

Domestic enquiry


I need help relating to domestic enquiry. In the present case Chargesheet, Show Cause Notice and Notice of Enquiry were duly served upon the delinquent (Employee of a private hospital). However, the delinquent failed to attend the proceedings and also no intimation was received regarding his non-participation. Therefore the enquiry was conducted placing the delinquent ex-parte. The enquiry officer has now submitted the findings report.


Is the delinquent entitled to receive the second show cause notice enclosing the findings report? kindly provide the case study.. Can management proceed with the action based on the enquiry findings without initimating the delinquent?


Note: The hospital service rules does not speak of anything relating to the second show cause notice.

Thank you.


 7 Replies

darshana sawant (associate consultant)     30 June 2015

Dear Mr. Vijay kumar,


Have you served notice of enquiry to the delinquent on both local and permanent address?

Has the delinquent received the notices?  Has the enquiry officer taken this on record? If the notices are unserved, then newspaper notice is necessary.  If all the compliances are done, then you have to serve a copy of the findings upon the delinquent calling for his comments.  

Thereafter, considering the gravity of misconduct, you can decide upon the punishment.


1 Like

Vijaykumar (Legal Offier)     01 July 2015

Dear Ms. Sawant, 

Thank you for your reply on the present issue. The Chargesheet, Show Cause Notice and Notice of Enquiry was served upon the delinquent through RPAD at his residential address and the acknowledgement has been signed by the delinquent. 

So I understand that the second show cause notice enclosing the findings report is required to be issued to the delinquent before Management takes any action on the findings of the enquiry.  

Thank you once again. 




Sudhir Kumar, Advocate (Advocate)     05 July 2015

Yes.  In case he feels that azny opportuinity is denied during the inquiry he is free to say so in his reply.

1 Like

darshana sawant (associate consultant)     06 July 2015

dear mr vijaykumar

Which service rules are you following ?  The case of Mohd Ramzan Khan of sending copy of findings for comments is under the private law.  If you are following any govt service rules, you have to abide by it.

Kumar Doab (FIN)     06 July 2015

You have mentioned 'Employee of a private hospital'.

You have been rightly advised.

Agreed with experts.

1 Like

Vijaykumar (Legal Offier)     07 July 2015

Dear Experts,


I would like to thank you all for your advice. I appreciate your knowledge and efforts in answering to my query.  I have one query relating to domestic enquiry. Does the law relating to Limitation applies to dometic enquiries in private hosiptals? 


Thanks and regards



darshana sawant (associate consultant)     07 July 2015

dear mr vijaykumar,


Unreasonable delay in initiating the enquirywill not sustain, but cogent grounds justifying the delay may justify it.  But an inquiry into stale chargesheet has been vitiated in anumber of cases.

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