Delinquent officer don’t have absolute right to be represented by an agent in disciplinary proceedings - SC

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 

January ,04 2022 

The Rajasthan Marudhara Gramin Bank (RMGB) & Anr.  Versus Ramesh Chandra Meena & Anr.