Domestic Enquiry/ Disciplinary action

I'll start with a favourite topic of mine. Domestic Enquiries or Disciplinary action is a common term used within the HR. Even though HR is a support function or service provider, it enjoys great power inside an organisation mainly due to the fact that Domestic enquiries are handled by the Dept. So what is this Disciplinary action all about? Disciplinary action - definition - An action from the competent authority for any misconduct committed by a person. A disciplinary authority (who is the authority for appointing or terminating an employee or any such person authorised by him) may punish the employee who has committed the misconduct after a detailed inquiry on the same by providing fair chance to the employee to prove his side. For a Disciplinary action to take place, there should be a Misconduct, a Domestic enquiry, and punishment/aquital. The misconduct should be described in the standing orders of the organisation and a copy of the same should be made available to all the employees, preferably at the time of joining. Such Misconduct, if committed by an employee needs to be informed to him vide a Charge-sheet wherein the charges against him are specified and asking him reasons why a Disciplinary action should not be initiated against him. Proper time should be given to him for his reply. Once the reply is received, the Disciplinary Authority (DA) decides whether Dom. Enq. should be conducted or not? Accordingly the same is informed formally to the employee and an Inquiry Officer to conduct the inquiry and a Presenting Officer to present the case in favour of the Management. Even though the process of Domestic Enquiry is Quasi Judiciary, there is no requirement of legally qualified people to be assigned for the Enquiry and Presenting Officer positions. However, if the Management is relying on a legally qualified person to present their case, the employee should also be allowed to do so. Any court of Law will first verify whether the Domestic Enquiry was held according to the Principles of Natural Justice basically as follows: a. Nemo Iudex in causa sua (No man shall be Judge in his own cause) b.Audi Alteram Partem (Both sides shall be heard, or audi alteram partem)