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Supreme Court of India 2022-01-04 allowed

Rajasthan Marudhara Gramin Bank (RMGB) & Anr vs Ramesh Chandra Meena & Anr

Bench: 2 — M.R. Shah

In Brief

A bank employee facing disciplinary proceedings sought permission to be represented by a retired bank employee as his defence representative (DR). The High Court allowed his plea, holding that the service regulations did not prohibit such representation. On appeal, the Supreme Court reversed this decision, holding that while regulations permit legal representation only with permission, neither the regulations nor the handbook explicitly permit ex-employee representation. Applying settled law on departmental proceedings, the Court held that employees have no absolute right to choose their representative; representation can be restricted to serving officials. The restrictions serve legitimate purposes including maintaining confidentiality, ensuring decorum, and timely completion of inquiries. Such restrictions do not violate natural justice if fair hearing is afforded.

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Labour Law Disciplinary Procedure Service Conditions Natural Justice Banking Regulation Administrative Law Defence Representation

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