Domestic Enquiry Report 561 Legal Draft Template

Between

A.B.…………                                                           [Employer]

C.D.………….                                                          [Employee]

I was appointed as a enquiry officer vide letter dated ………. To conduct an enquiry on the charges levelled against Mr………………………. in the Case No…………

The following were presents :

a………………
b………………
c………………
d………………

The following charges levelled against the delinquent…………………………………..

The above act and commission if proved would constitute the misconduct as per clauses ………. of the company approved Standing Orders. The employees has not sent any reply to the showcause notice. An enquiry were ordered. It was held on…………. and ………..Before commencement of the enquiry, the Managements Representative has filed by the consent of the worker the following records, which were marked as Exhibits M1, M2 and M3 respectively :

1. Showcause Notice No……….. dated………..Ex. M1
2. Suspension Orders No….….. dated…..……..Ex. M2
3. Report dated …………….of Mr…………….Ex. M3.

They were read out and explained to the worker in regional language. The employee has stated that he need not cross examine the Management’s Representative who had presented the case.

On behalf of the Management, the following persons were examined as witnesses :

a.………………..Shift-in-charge (P.W.1)
b.……………….Watchman (P.W.II)

The employee has denied the charge. He did not produce any evidence from the persons who were present at the time of incident.

The Point for determination are :

1. Whether the action of Mr…………comes within the definition of misconduct as defined under clause………….. of the company approved Standing Orders.

2. Whether the charge is proved?

POINT : 1

In his statement Mr…………….. Shift-in-charge has stated, that he had found Mr…………Sleeping at………….. (Time), on………… near the Iron Machine, upto the calose of the Shift leaving his regular work. Mr……..………. watchman (p.w.2.) and also support the evidence given by Mr…………….…. Shift-in-charge. In the absence of any evidence produced by the employee, I did not find any reason why I should not relay on the evidence given by Mr………………………. shift-in-charge (P.W.I.) and Mr…………..watchman (P.W.II.) It is therefore quire evident that Mr……………. had slept during his working hours leaving his regular work.

POINT : 2

In view of my findings, on Point I, charge against Mr……………. is proved beyond doubt as here under. “Mr………………. has slept during his working hours leaving his regular work”. This action amount to Misconduct as per clause ………. of the Company approved standing orders, besides it shall also be a misconduct within the general meaning of “Misconduct.”

ENCLS : The connection enquiry papers are enclosed.