Alan Lim (-) 31 January 2010

DOMESTIC INQUIRY PROCEDURES- Fixed procedures in India?

Hi, my name is Alan. A law student from Malaysia. I am currently preparing a project paper concerning the efficiency of domestic inquiry.

I would like to enquire whether there is a fixed domestic inquiry procedures in Indian Labour Law? In fact, i have read an article written by Malaysian author who submitted that India has a fixed procedures for domestic inquiry. However, i could not find evidence or data to support the statement.

I would be grateful if someone could enlighten me on this as i need a concrete evidence(either provisions in the statute or case-law) to support the statement that India does have a fixed procedures for domestic inquiry.

Besides, if anyone has any opinion with regard to the efficiency of the domestic inquiry(either it's efficient or not and why), please kindly e-mail ur views to my e-mail

weilunalanlim@yahoo.com

Last but not least, thanks a lot! Your help is much appreciated!

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6 Replies

ANAND (n/a) 01 February 2010

There is no standard procedure available for domestic inquiry.However the natural justice principal is to be ensured while conducting D.I. You may refer the books avialble in the market on the above subject .

anand

V. VASUDEVAN (LEGAL COUNSEL) 01 February 2010

There are excellent books available on this topic. Once of the book that I can suggest is Legal Aspects of Managing Employee Relations by A.B. Chowdhury (Eastern Law House, Kolkatta & New Delhi. For Malaysia, you may contact Malayan Law Journal (Pte) Ltd., International Plaza, Anson Road, Singapore.

vasudevan

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(Guest)

Alan,

In India there is a staute which deals with the subject. It is called The Industrial employment Standing Orders Act.

Besides in various establishments there are standing orders framed by the establishments themselves which deals with the subject

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Paresh G Barot (Advocate) 14 March 2010

there is no standard inquiry procedure fixed by the law. but the procedure prescribed by the institution independently. Example – there is one university namely Gujarat university. University has own statute and ordinance which prescribe the procedure for domestic inquiry.

Basically in the domestic inquiry natural justice required to follows. As per the natural justice institution give opportunity against the allegations made by the institution against the delinquent employee like show cause notice, production of witnesses, cross examination of witnesses produced by the institution and also give opportunity to heard.

Sudhir Kumar, Advocate (Advocate) 28 January 2012

All other instructions in India have been coopied from CCS(CC&A) Rules. These ara available on the website of deptt of pers and training. www.persmin.nic.

ANDITHEVAR (MASTER CHIEF) 03 March 2012

whats ever findings in domestic inquiry the out come is subject to judiciary purview only.pse note when there are good interpretor of rules there will be bad interpretor also.it is quite natural,because law makers are diffrent from those facing charges,justice will be always done in last only.

v a thevar

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