In private employment a domestic enquiry is that of mistrust which arises essentially because the charge-sheet is given by the employer and the enquiry is also held by an officer or an outsider appointed by the employer. The employer, as such represents both, the prosecutor and the judge. A suspicion of bias is inevitable in such a situation. This is the main reason that the delinquent employees do not have faith in the enquiry officer. They participate reluctantly and take every possible step to frustrate the enquiries. They raise number of objections right from the validity of the appointment of enquiry officer. They also demand to be represented either by a lawyer or union leaders. They ask for a number of documents whether relevant or not. Also , the delinquent employees or their representatives to not restrict the cross-examination of the witnesses and the enquiry officer has to take a decision under the given circumstances.

Even when the enquires are held by top bureaucrats or the judicial officer, one flaw of the other can be found which vitiates the whole enquiry.
An attempt is made to clarify various aspects which should be taken care while holding an enquiry.

 
Guidelines for Holding an Enquiry

•   A domestic enquiry is held by an Enquiry Officer who is not a judge but at the same time the principles of natural justice have to compiled with so that proper opportunity is given to the charge-sheeted employee e.g. to be heard, to cross-examine the witnesses, to produce his document, with witnesses and himself.
• The enquiry officer should neither be the Disciplinary Authority not in any way connected or witness to the misconduct(s).
•  An advocate can also be appointed as an Enquiry Officer.
•   When Enquiry Officer is appointed from the establishment, he/she should preferably be superior in status of the charge-sheeted employee.
•  The notice for holding of enquiry with time, date and venue of enquiry be sent by the Enquiry Officer to the charge-sheeted employee and to the Management by the Registered A.D. Post as well as under certificate of posting. A personal delivery of the notice through a messenger can be appropriate when the charge-sheeted employee has not been placed under suspension.
• While fixing the hearing of enquiry, the charge-sheeted employee be given reasonable time for appearance as that he could prepare the defence.
•  First of all, the attendance of the parties including the Enquiry Officer, charge-sheeted employee and the management representative are to be recorded and duly signed by them to this effect in the proceeding or the order sheet, if made separately.       The whole procedure be carried out in good faith and without any bias or intent of malice.
• For the sake of brevity, the abbreviations are used as EO ( Enquiry Officer), CE ( charge-sheeted employee), MR (Management Representative), CER(Chargesheeted Employee's Representative) and MW (Management Witnesses) 1.2 and so on , CEW (charge-sheeted employee's witnesses) 1,2 and so on. The documents which are produced are to be exhibited as Exh. No. 1,2 and …Management documents also be exhibited like that.
• The Enquiry Officer should refrain from asking leading or probing questions to the charge-sheeted employee.
•  The Management representative be asked by the Enquiry Officer to produce the list of witnesses along with documents which should be duly exhibited ( by exhibition of the documents it means it is construed that they form part of the proceedings in the enquiry).
• The enquiry proceedings be recorded in triplicate e.g. one copy for the Enquiry Officer, one for the charge-sheeted employee and the third copy for the Management representative.
•  The representation in the enquiry by a lawyer is not permitted unless the Service Rules or the Standing Orders or Regulations of the establishment so provide whereas the charge-sheeted employee can be advised to be represented by any of his co employees.
•  If the Management representative is a legally trained person, the charge-sheeted employee can have representation through a lawyer of his choice.
•  The charge-sheeted employee and/or his representative be given an opportunity to cross-examine the witnesses and the evidence should be recorded as produced by the Enquiry Officer. Thereafter, the charge-sheeted employee be asked to produce his witnesses and himself. The Management representative be given an opportunity to cross-examine the witnesses of the CE.
•   Every page of the proceedings be signed by EO, CE and MR. If there is any objection either by CE or MR, it should be dealt by asking the comments of the other party. The next date and time for recording of evidence be duly recorded in the enquiry proceedings or the order sheet., if made separately, and signatures of both e.g. CE and MR be obtained at the enquiry proceedings.
• The adjournment, when sought by the CE or CER, be given by the EO even if the requests to this effect are opposed by the MR.
• The Management representative should be asked to cross-examine the witness(es) and if he cross examines the witness(es), it should be recorded. If the Mangement representative does not want to cross-examine the witness(es), the Enquiry Officer should record this in the following manner.
• The MR does not want to cross-examine the witness(es) of the CE, despite an opportunity give to him to his effect.
•  In an enquiry, no arguments are required to be advanced by either of the parties after producing evidence for or against. The Enquiry Officer should , thereafter, submit his written findings to the Management.
•   After the enquiry proceedings are concluded, the Enquiry Officer should given his findings of the facts, evidence oral as well as documentary, by dealing with the salient features of the evidence on the record. The Enquiry Officer should give findings as to whether the charge has been proved or not or partly proved, as the case may be.
• The Enquiry Officer should not recommend any punishment to be imposed upon the charge-sheeted employee by the Disciplinary Authority.
• The charge-sheeted employee be allowed to cross-examine the Management witnesses and call his own witnesses.
• The charge-sheeted employee be given ample interpretation facilities if the language of enquiry is not his own.

 (Source:HRD & Labour Law Reference cum Diary 2007)