Dr. G.P. Naik
Principal Consultant at Talent Avenues
Domestic enquiry (DE) is a process by which an employee of the organization accused of committing misconduct is subjected to trial within the organization by appointing an enquiry officer (EO), to ascertain the veracity of allegations, so that charge sheeted employee (CSE) can, be punished if proved guilty or be acquitted if not proved guilty. Punishing an employee without conducting the enquiry is illegal, except in case the accused employee unconditionally accepts the alleged misconduct.
Principal Consultant at TalentAvenues
Preliminary hearing (PH) is generally, the first sitting or first day of domestic enquiry (DE). PH need not have to be confused with preliminary enquiry or investigation. To conduct it during the first sitting itself, two conditions should have been fulfilled namely; (a) both the parties namely Management Representative (MR) and Charge Sheeted Employee (CSE) should be present and (b) Charge sheet and notice of enquiry must have been sent to CSE by the management by then. If these conditions are not fulfilled then; PH has to be held during second or subsequent sitting when the conditions are met. PH is meant to plan for the regular hearing and not to conduct chief examination or cross examination.