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Anil kumar TP (MSW(HR) student)     26 December 2009

what is Reaonable Time in Domestic Enquiry

In Domestic Enquiry  proceedings what is the reasonable time to complete the trial after a charge sheet has been issued?????



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 13 Replies

p.sowrirajan (advocate)     26 December 2009

dear sir

there is no time mentioned in the i.d.act. however ample oppertunity to be given to the charged worker.give him two to three reminder to allow him to reply to your charge sheet. care must be taken that charges should be in line with standing order..all the thing that principle of natural justice to be followed.

regards

sowrirajan

advocate caennai

1 Like

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     26 December 2009

 SONI JI,

CAN U POST THE CV GUIDELINES FOR THE LCI MEMBERS.

Vijayarajan (Executive Director)     27 December 2009

Dear Sir,

The I D Act 1947 has not stipulated a time limit for copletion of domestic enquiry. But it should be disposed in a reasonable time and natural justice shall not be denied to the parties.

Regards'

Vijayarajan

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     27 December 2009

 

SIX MONTHS IT SHOULD BE COMPLETED. WELL SONI JI, THANKS FOR POST-

 (ii) The Oral inquiry, including the submission of the Inquiry

Officer’s report, should be completed within a period of 6 months from
the date of appointment of the Inquiry Officer. In the preliminary inquiry
in the beginning requiring the first appearance of the charged officers and
the Presenting Officer, the Inquiry Officer should lay down a definite
time-bound programme for inspection of the listed documents,
submission of the lists of defence documents and defence witnesses and
inspection of defence documents before the regular hearing is taken up.
The regular hearing, once started, should be conducted on day-to-day
basis until completed and adjournment should not be granted on frivolous
grounds.

Vijayarajan (Executive Director)     28 December 2009

Would you please furnish the provision or citation specifying the period of six months.

p.sowrirajan (advocate)     29 December 2009

dear sir

you have stated that 6 month time is given for completing the domestic enquiry. first of all please enlighten me as to the nature of the enquiry. i have given my reply based on the industrial dispute act to read with industrial employement standing order act, you must be under the impression that i am dealing with govt staff or psu staff 's domestic enquiry. i have meant only the labouur side domestic enquiry  under i.d.act.

hope i have clarified you.

regards

p.sowrirajan

advocate

p.sowrirajan (advocate)     29 December 2009

further that i have given my reply under industrial and labour laws.

sunil pagare (lawyer)     31 December 2009

In DV act sec. 12(5) is very clear  magistrate shall endeavour to conclude the proceeding within 60 days from first hearing. There is 60days time limit, but it is not possible to the court to conclude the proceeding within time limit.

Vijayarajan (Executive Director)     01 January 2010

The discussion is based on Industrial disputes Act. But now we are discusing some other acts and provisions. Please be specific and advise whether there is any provision under ID Act stipulating the time limit Vijayarajan

PBS KUMAR (HR - PROFESSIONAL)     07 January 2010

Dear All,

Still confusion is going on. Please clarify 'industry' as per the Industrial Disputies Act.

If so State Road Transport Officials are also following the ID Act. and all the proceedings are observing as per such act. So clarify is the domestic enquiry having stipulated time or not ?  

Regards,

PBS KUMAR

 

Vijayarajan (Executive Director)     07 January 2010

Dear Sir,

The ID Act is applicable to State Road Transport Officials. As per ID ACT it is an industry. Systematic Activity, Cooperation between employer and employees and the purpose of satisfying human wants or needs are the three way test to determine the applicability of ID Act. The amended Sec. 2J has not been implimented sofar.

But there is no specific time limit for completion of DE under this act. But generally it has to be completed within six months. Various courts have observed that the delay should be avoided. there are provisions of payment of Subsistence allowence at the rate of 100% of the salary during suspension exeeding 180 days under various state legislations. So it is better to finalise the proceedings within six months.

Regards,

Vijayarajan

p.sowrirajan (advocate)     08 January 2010

dear sir

i agree with your answer that the enquiry should be completed with in reasonable time. what is reasonable will be decided by the court. you are perfectly right

regards

sowrirajan

advocate

p.sowrirajan (advocate)     08 January 2010

dear sir

the domestic enquiry for government or quasi government or local bodies  is different from  enquiry under the industrial dispute act. there the government establishment manual has given clearly as to the time limit etc. it does not apply to other establishment as defined in the i.d.act

refards

sowrirajan

advocate.


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