Chapter 27

DOMESTIC ENQUIRIES, CHARGE SHEETS, CONDUCT OF

ENQUIRY AND AWARD OF PUNISHMENT
The first and prime step is to have preliminary investigation to find out the prime-facie
case of misconduct against the delinquent employee.
When prime-facie case of misconduct is established, the following stages of disciplinary
action should be followed: 1.
2.
3.
4.
5.
6.

Show-cause Notice
Issue of Charge Sheet and calling upon explanation
Consideration of explanation
Giving Notice of Enquiry into the charges when explanation found unsatisfactory
Enquiry into the Charges
Deciding as to who should conduct enquiry
(a) Deciding how to proceed
(b) Deciding about examination of evidence
(c) Recording Finding
(d) On conclusion of enquiry, asking Presenting Officer and Defence
Representative to submit arguments
(e) Submission of Enquiry Proceedings to Disciplinary Authority

7. Decision of punishment
8. Communicating punishment decision to delinquent employee and giving an
opportunity to present himself before Disciplinary Authority to hear the
punishment,
9. Final Order of Punishment.
Issue of Charge Sheet
1. The Charge Sheet Should be properly worded
2. Date, time, place of its commission and other relevant facts should be given
3. If standing orders are in force, the Charge Sheet should be in consonance with the
standing orders.
4. The proposed punishment may be mentioned
5. The employee should be asked to submit explanation within specified period.
6. The Charge Sheet should be issued under the signature of Disciplinary Authority
7. The Charge should be properly served.
(a) When the workman is present, it should be handed over and his signature
should be obtained.
(b) If he refuses, the duplicate may be signed by the person who is authorized
to handover the Charge Sheet , recording therein the fact of refusal and
signature of two persons should be obtained, confirming the above fact.

(c) One copy should be displayed on the Notice Board, the other copy should
be sent by registered cover. It is better if one copy is sent under Certificate
of Posting and one copy through courier
(d) In case of return of charge sheet through all the channels, in appropriate
cases it should be published in news paper.
Consideration of Explanation
1.
2.
3.
4.

Submission of explanation admitting charges

Submission of explanation , denying the charges
Apply for extension of time before submission of the explanation
Examination of the explanation Satisfactory-Unsatisfactory.

Notice of Enquiry
The enquiry should be held within reasonable time. Advance notice should be sent to the
concerned persons so that the enquiry may be held as scheduled. During the course of
enquiry, the following papers should be handed over to the enquiry office:

The Show Cause Memo

Explanation of the concerned employee to the Show Cause Memo
The Charge Sheet
Reply of the charges sheet

Suspension with or without pay

Where there are serious charges of misconduct against the delinquent, the Disciplinary
Authority may suspend the concerned employee with pay or without pay.
Conduct of Enquiry
1.
2.
3.
4.
5.
6.
7.
8.

Appointment of Enquiry Officer and Presenting Officer

Issue of letter by Enquiry Officer to hold enquiry
Recording of Enquiry Proceedings.
Consideration request for adjournments
Order of Examination of Witness/es
Conclusion of Enquiry Proceedings
Submission of arguments by Presenting Officer and Presenting Officer
Submission of Enquiry proceedings with finding of enquiry officer to the
Disciplinary Authority

Awarding of Punishment
This is task of Disciplinary Authority to take decision about the punishment. While
awarding punishment, the Disciplinary Authority must take into consideration the gravity
of the misconduct.

Communication of Punishment
The letter communicating punishment should contain:(a)
(b)
(c)
(d)

Reference to the letter of Charge Sheet issued to the delinquent employee,

Reference to the finding of the enquiry,
Decision to punish or not and
Date from which the punishment shall ne effective.