Termination for Misconduct!

Entire process flow:

Stage 1: Written Complaint [Allegations & Surrounding Facts]
Stage 2: Preliminary Enquiry [Whether there exists a prima facie case?]
Stage 3: Charge Sheet [Detailed Facts & Allegations + Should not be Vague + In Writing + Signed]
Stage 4: Enquiry Officer [Free from any bias or preconceived notions + Acquainted with the
Stage 5: Show Cause Notice [Details of All Findings]
Stage 6: Punishment [Should not be construed as victimization or unfair labour practice]

Also, it’s required to inform Labour Court regarding the domestic enquiry. On top of this employers are given full powers to carry out a domestic enquiry and based on the enquiry report, employer
is free to initiate disciplinary action against the delinquent employee.

For conducting the domestic enquiry, you need to appoint a person preferably a bar council of India registered (legally qualified person) person well versed with domestic enquiry procedure to hold the enquiry. There shall be a Presiding Offer (from management’s side) and an MR (Management Representative). The delinquent employee has the right to represent his case along with a co-worker throughout enquiry proceedings. Once the EO is appointed it is his decision for the processing time (how long the proceedings will take).

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