Considering the ever increasing demand for equality and justice especially in the relationship between an employer and an employee, the importance of a timely in-house enquiry is necessary.
Applying the principles of natural justice, every individual has a right to understand the charge against him including the surrounding circumstances. Such enquiries allow the employee to assert his side, giving him an opportunity to present his case. This helps curb unwarranted distress and agony. The basic principal of natural justice provides that every individual must be necessarily given an opportunity of being heard.
Both domestic and departmental inquiries are methods which cover various acts of indiscipline and misconduct on the part of an employee in a public or a private sector. Departmental enquiry is a term associated with public sector whereas domestic enquiry is generally used for inquiries held in private sector. In a private sector the holding of domestic enquiry is provided in the model or certified standing orders framed under the Industrial Employment (Standing Orders) Act, 1946. A procedure of departmental enquiry is generally prescribed in the Service Rules.
Owing to the growing industrialization, there is a rise in disputes between employers and employees. Considering the expenses and the delays in the litigation process, it is incumbent to have knowledge of industrial law that lays down the rights, duties, responsibilities and obligations of both employers and employees. Enquiry leads to speedy disposal of grievances thereby avoiding unwanted disputes or prolonged delays.
Given the increase in production and dependency of the society in Industrial development it is necessary to maintain Industrial peace and order. The continuous augment of economic growth the society requires to maintain productivity by not letting it be hampered by internal conflicts. Even in the case of abandonment, the employer is expected to provide a proper notice to that effect to enable the employee to exercise his right.
It is important to first and foremost establish a valid charge against the worker wherein the worker is entitled to present his case and provide a justification in support. The employer may or may not suspend the employee pending enquiry and such a suspension may be with or without pay depending upon the gravity of the matter involved. The enquiry officer shall record the statements of both parties and accordingly proceed to examine the witnesses. In the event guilt is proved, the enquiry officer shall award appropriate punishment to the concerned party.
Every enquiry must be conducted within reasonable amount of time. Although there are no rules or guidelines that specifically provide a time frame within which an enquiry must be concluded, the enquiry officer must bear in mind that speedy resolution of any conflict is the goal of any such enquiry which if prolonged beyond reasonable proportions will defeat the very substance of any such provision. In a recent judgement, this issue was contemplated by the Supreme court in depth and it has arrived at a suitable result as provided below.
In Prem Nath Bali vs. Registrar, High Court of Delhi the Supreme Court of India held that every employer (whether State or private) must make sincere endeavour to conclude the departmental enquiry proceedings once initiated against the delinquent employee within a reasonable time by giving priority to such proceedings and as far as possible it should be concluded within six months as an outer limit.
The Petitioner in this case was a UD Clerk in District Court in Delhi. The disciplinary proceedings were initiated on 18.07.1990 and continued for more than nine years. The petitioner in this case was kept under suspension and was given a major penalty of compulsory retirement in October, i.e. for a period of 9 years. It was also ordered that the appellant will not be entitled to any amount more than the allowances already paid during the period of suspension.
The court in this case held that every employer (whether State or private) must use its best endeavours to conclude the departmental enquiry proceedings once initiated against the felonious employee within a reasonable time by giving priority to such proceedings. They further stated that these proceedings must be concluded within a time span of six months unless; there exists unavoidable causes to do so. In case there exists unavoidable causes; then the employer must take all endeavours to complete the said enquiry within such extended period depending upon the cause and the nature of enquiry but not more than a year. The bench also added that if the delinquent is placed under suspension during the pendency of departmental enquiry then employer should ensure that the enquiry is concluded in the shortest possible time to avoid any inconvenience, loss and prejudice to the rights of the delinquent employee. Furthermore, the court also observed that while calculating the qualifying service of the appellant for determining his pension the period of suspension from 06.02.1990 to 01.03.1999 was not taken into account. The bench ordered that the suspension period must be taken into account to calculate the petitioner’s pension especially considering the suffering of the appellant and his family as they had to survive only on the suspension allowance for a period of nine years without reasonable cause. .
If the rules of domestic enquiry do not lay a clear embargo on the right of the delinquent to be represented by a legal practitioner, then, it would be in the discretion of the enquiry officer to allow or disallow the person to be represented by a legal practitioner after considering the nature of the adjudication and the enquiry. The Supreme court in this matter has laid down a clear limitation for departmental or domestic enquires.
With the increasing importance of the basic tenets of human rights and equality, law has it mandatory for the employer to work in a just and fair manner with his workers, knowing well that the employees are weaker party in the industrial relations. Thus, it is necessary for the employers to carry out the enquiries in accordance with the principles of natural justice and ensure that the enquiries in any matter are concluded within a maximum period of six months and in case of unavoidable circumstances, within a maximum period of one year as an outer limit.
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