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Supreme Court of India 2022-01-04 allowed

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

Bench: 2 — M. R. Shah, Sanjiv Khanna

In Brief

A Bank employee under disciplinary proceedings sought the right to be represented by a retired (former) Bank employee as his defense representative in a departmental inquiry. The High Court allowed his petition, directing the Bank to permit such representation. The Supreme Court reversed this decision, holding that an employee has no absolute right to choose a representative of his choice. Although regulations were silent on ex-employee representation, an approved Handbook specifically required defense representatives to be serving Bank employees. The Court held that the right to representation can be restricted by the employer's regulations and service rules. Natural justice requires only fair opportunity to answer charges, not representation by a chosen agent.

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Labour Law Disciplinary Proceedings Natural Justice Service Regulations Defense Representation Banking Regulation Constitutional Law Administrative Law

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