PRELIMINARY HEARING IN DOMESTIC ENQUIRY

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ramesha M H

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Apr 20, 2022, 9:00:27 AM4/20/22
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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.

Objectives of PH
  1. To introduce or get to know all the parties in the enquiry.
  2. To understand the enquiry procedure.
  3. To plan for the future course of (date, time, place, duration etc., of regular hearing) enquiry.
  4. To find out by the EO, if due process of enquiry has been followed by DA in issuing the charge sheet, issuing the notice of enquiry, granting permission to CSE and CE to attend the enquiry or in paying the allowances if any to CSE for this purpose (like travelling expenses) etc.
  5. To educate all the parties about their rights and obligations in the enquiry.
  6. To develop a plan of action for the smooth conduct of domestic enquiry, in the presence of all the parties.

For more details , kindly visit 
https://www.mhrspl.com/hr-blog/preliminary-hearing-in-domestic-enquiry


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