Today, I will talk about the case of Rajasthan Marudhara Gramin Bank (RMGB) and Another v. Ramesh Chandra Meena and Another, 2022 SCC OnLine SC 9, wherein the Hon’ble Supreme Court discussed the right of an employee to be represented through counsel or agent in the Departmental Proceedings.
Today, I will talk about the case of Rajasthan Marudhara Gramin Bank (RMGB) and Another v. Ramesh Chandra Meena and Another, 2022 SCC OnLine SC 9, wherein the Hon’ble Supreme Court discussed the right of an employee to be represented through counsel or agent in the Departmental Proceedings.
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Hi everyone.
I am Suyash and today, I will talk about the case of Rajasthan Marudhara Gramin Bank (RMGB) and Another v. Ramesh Chandra Meena and Another, 2022 SCC OnLine SC 9, wherein the Hon’ble Supreme Court discussed the right of an employee to be represented through counsel or agent in the Departmental Proceedings.
It is common knowledge that when a person works in a government establishment or a bank or other instrumentalities of the State, such person’s service is governed by the relevant Service Rules or Regulations. In case of any misconduct or irregularity, the Department or the Employer can initiate Departmental Proceedings against such person/employee. The relevant Services Rules or Regulations prescribe for the procedure and the modalities that ought to be followed in the Departmental Proceedings.
Such Departmental Proceedings are presided over by a Senior Officer designated by the Employer and the delinquent employee usually represents himself on his own. Most of the Service Rules or Regulations usually restrict legal practitioners to represent the delinquent employee without prior permission. In some cases, the delinquent employee may choose a colleague of his to represent him in the Departmental Proceedings. The purpose of not allowing counsels or agents, without prior permission, to represent delinquent employee is to prevent any outside influence or interference in the Departmental Proceedings.
In the present case, the Court discussed whether a delinquent employee has a right to be represented through a counsel or an agent in the Departmental Proceedings?
According to the Court, “in holding domestic enquiries, reasonable opportunity should be given to the delinquent employees to meet the charge framed against them.” Even liberty to represent their case by person of their choice should also be given provided that there is nothing to the contrary contained in the Service Rules or Regulations. However, any refusal to allow representation for an agent or a counsel would not vitiate the proceedings.
The object or purpose of having provisions that restrict representation through counsels or agents is to ensure that the domestic enquiry does not get prolonged endlessly and no confidential information gets divulged to any outside person during the course of the Departmental Proceedings.
Further, ordinarily in such Departmental Enquiries, the person accused conducts his own case and to allow or disallow an agent or a counsel to represent such accused person is the discretion of the employer. There is per se no right to representation in the departmental proceedings through a representative unless the relevant Service Rules or Regulations recognize such a right.
Thus, in conclusion, it could be said that: -
a. “In the departmental proceedings right to be represented through counsel or agent can be restricted, controlled or regulated by statute, rules, regulations or Standing Orders.”
b. “A delinquent has no right to be represented through counsel or agent unless the law specifically confers such a right.”
c. “The requirement of the rule of natural justice insofar as the delinquent's right of hearing is concerned, cannot and does not extend to a right to be represented through counsel or agent.”
Accordingly, I hope that the conundrum relating to the right of an employee to be represented through counsel or agent in the Departmental Proceedings is clear by now.
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