Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rajasthan Marudhara Gramin Bank (Officers and Employees) Service Regulation 2010 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rajasthan Marudhara Gramin Bank (Officers and Employees) Service Regulation, 2010: Regn.44 – Misconduct – Departmental inquiry – Permission to engage any legal practitioner or retired employee of the bank as defence representative (DR) – Held: Regn.44 puts specific restriction on engagement of a legal practitioner and it provides that for the purpose of an enquiry under Regulation, 2010, the officer or employee shall not engage a legal practitioner without prior permission of the competent authority – Therefore, even availing the services of legal practitioner is not permissible without the leave of the competent authority – The Handbook of Vigilance Administration and Disciplinary Action (Handbook Procedure) has been approved by the Board of Directors and it is applicable to all the employees of the Bank – Clause 8 of the Handbook Procedure with respect to the D R specifically provides that DR should be serving official/employee from the Bank – The said Handbook Procedure is binding to all the employees of the Bank – Handbook Procedure can be said to be supplementary – Neither Regn.44 permits nor restricts engagement of an ex-employee of the Bank to be DR – Therefore, Clause 8.2 cannot be said to be in conflict with the provisions of Regulation, 2010 – Provisions of Regulation, 2010 and the provisions of Handbook Procedure are required to be read harmoniously, the result can be achieved without any violation of any of the provisions of Regulation, 2010 and the Handbook Procedure – Not permitting the delinquent officer to be represented through ex-employee of the Bank in the departmental enquiry cannot be said to be in any way in breach of principles of natural justice and / or it violates any of the rights of the delinquent officer – 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. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 10 |
Petitioner | The Rajasthan Marudhara Gramin Bank (rmgb) & Anr. |
Respondent | Ramesh Chandra Meena & Anr. |
SCR | [2022] 1 S.C.R. 182 |
Judgement Date | 2022-01-04 |
Case Number | 7451 |
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