Delinquent officer don’t have absolute right to be represented by an agent in disciplinary proceedings – SC
January ,04 2022
Regulation 44 Rajasthan Marudhara Gramin Bank (Officers and Employees) Service Regulation, 2010 – Disciplinary proceeding – Facts – Respondent working as Cashier – cum Clerk (office Assistant) – committed certain irregularities amounting to misconduct – show cause notice issued dated 24.4.2019 – stated while working at Rawastar Branch, he had committed irregularities while granting loans to farmers / villagers under the loan scheme and not take adequate precautions and without written mandates of borrowers, transferred the loan amount in favour of another – chargesheet issued – written reply submitted – denied the charges – not satisfied with reply – bank initiate Departmental enquiry – respondent requested multiple times to be allowed to defend himself in the inquiry through a legal practitioner – request declined – aggrieved respondent approached the High Court – to engage any legal practitioner or retired officer of the Bank as his DR – opposed by the Bank by referring Regulation 44 that no outsider, not associated with the Bank can be permitted to act as a DR were pressed into service – Writ allowed – feeling aggrieved Bank preferred appeal before Division Bench of the High Court – Appeal Dismissed – Bank preferred Appeal to Apex Court.
Apex Court – Question to decide – whether the respondent employee, as a matter of right, is entitled to avail the services of an Ex-employee of the Bank as his DR in the departmental proceedings? – Held – High Court committed error – Bank has justified its action of not permitting ex employee of the Bank as DR – ex employee might be a part of vigilance or audit sections who come across a lot of information of confidential nature – if allowed – result in grave injustice – may adopt delay tactics in departmental enquiry and may not permit completion of department enquiry within six months as mandated by the CVC Circular – not permitting the delinquent officer to be represented through ex employee of the Bank in the departmental enquiry – not a breach of principles of natural justice and / or it violates any of the rights of the delinquent officer – if the charge – severe and complex nature, then request to be represented through a counsel can be considered – if same denied – ground to challenge the ultimate outcome of the departmental enquiry – Appeal Allowed
The Rajasthan Marudhara Gramin Bank (RMGB) & Anr.
Versus
Ramesh Chandra Meena & Anr.
