Procedure and details of holding a domestic enquiry has already been discussed in the earlier posts. In this article we are going to discussion about the enquiry report and subsequent punishments to be imposed upon the errant employee which are vital parts of any domestic enquiry.
10. Enquiry Report
The enquiry officer would submit his report to the management after conclusion of his enquiry. If the report shows that the charges have been established then the management is entitled to take further course of action with regard to punishment as enumerated in the standing orders or service rules of the company.
a. If charges are proved in the enquiry, the management is supposed to take into account the gravity of misconduct, the past record of the employee and other extenuating or aggravating circumstances that may exist in awarding punishment shall be at the discretion of the management.
b. The management needs to consider the report and findings of the enquiry officer together with the connected documents forming part of the record of the enquiry proceedings. If the management comes to be of opinion that any of the major penalties should be imposed, it shall –
i. Supply copy of the reports and findings of the enquiry officer to the charge sheeted employee;
ii. Give him notice in writing stating the action proposed to be taken in regard to him and asking him to submit his representation against the proposed action within a specified time;
iii. On receipt of representation, if any, the management shall continue the same and determine what penalty, if any, should be imposed on the employee;
11. Penalties for Misconducts
The following penalties, for good and sufficient reasons, including breach of one or more of the provisions of the service rules / standing orders may be imposed upon an employee.
a. Minor Penalties
i. Censure/ warning in writing
ii. Recovery from pay, the whole or any part of pecuniary loss caused to the company by negligence or breach of order
iii. Withholding or stoppage of increment of pay when due
iv. Suspension not exceeding four days
b. Major Penalties
i. Reduction of rank
ii. Compulsory retirement
iii. Dismissal/ removal of service
No order in case of any penalty shall be made except after informing the employee of the proposal to take action against him and after giving to the employee an opportunity to make his representation against the proposed action.
In the last four articles, the importance and necessities of holding domestic enquiry under the labour laws in India has been discussed. This is a broad idea in the matter of domestic enquiry which may vary from case to case and it is always advisable for the management to consult a labour law advocate before proceeding with any domestic enquiry.