4.1.2022, New Delhi, Tuesday
The Supreme Court on Tuesday declared that a delinquent employee has no right to be represented through counsel or agent in departmental proceedings unless the law specifically made a provision for it.
"As a matter of right in each and every case, irrespective of whether charges is severe and complex nature or not, the employee as a matter of right cannot pray that he may be permitted to represent through the agent of his choice," a bench of Justices M R Shah and Sanjiv Khanna said.
The top court allowed an appeal filed by the Rajasthan Marudhara Gramin Bank against the single judge bench's order confirmed by a division bench of the High Court. It quashed the decision of the High Court, which had then permitted an officer, accused of misconduct like granting loans without due care and caution, to be represented in the departmental proceedings through an ex-employee of the bank.
After hearing advocate Rishabh Sancheti on behalf of the bank, the court emphasised that in the departmental proceedings, the right to be represented through counsel or agent can be restricted, controlled or regulated by statute, rules, regulations or Standing Orders.
As per settled proposition of law, the only requirement is that delinquent officer must be given fair opportunity to represent his case and that there is no absolute right in his favour to be represented through the agent of his choice," the bench said.