1)if there are no legal complexities in the case EO can decline you permission to be represented by a lawyer

Assistance to Lawyer whether permissible in Departmental

Enquiry

• In the instant case, while dealing on the subject “Representation

of the accused officer by an advocate in departmental enquiry,

the Supreme Court held that in the absence of rules, the

assistance of an advocate can be refused if there is not legal

complexity in the case. In this case, an Income Tax Officer,

who was charged for underassessment with dishonest motive,

had only to defend the correctness of the assessment record, he

can be said to be the best person to give proper explanation. It

was not a case where oral evidence was recorded with reference

to accounting. Hence, refusal to permit a lawyer as defence

assistance does not violate the Principle of Natural Justice.

– Krishna Chandra Tandon Vs. Union of India AIR 1974

SC 1589

In the instant case, the employer, Haryana Seeds

Development Corporation was represented by its Personnel

& Administrative Manager as Presenting Officer during

the domestic enquiry. The Supreme Court held that where

a delinquent, a non legal person, is pitted against the

Presenting Officer, being a person of legal mind and

experience, refusal of service of a lawyer to the delinquent

amounts to denial of natural justice.

– J.K. Aggarwal Vs. Haryana Seeds Development

Corp. Ltd.AIR 1991 SC 1221

1. Which court has advised the same?

2. You have a right to be represented by a lawyer, but if the EO thinks that there is no legal complexity to be represented by a lawyer then he may decline the request, but if he fails to respond then you can take a lawyer with you.

Regards

1)you must attend enquiry .

2) you can submit your detailed reply denying allegations made in the charge sheet

3) you can have your reply drafted by lawyer and submit it to arbitrator

4) for cross examination you can seek assistance of lawyer

No information put here on which kind of inquiry and for which reason.

Till you get comfortable to face inquiry, you may ask for time.

I would like to ask you to forward the relevant documents to provide necessary information.

If you are not legally trained and breast with the legal procedures involved in internal enquiry, in such a scenario, the Rule of equity and natural justice clearly postulate that your co. must act in fairness and permit you to be represented by a Lawyer who is a legally trained person and is aware of the legal procedures involved in a departmental inquiry.

The permission sought by you, to engage the services of a lawyer cannot be denied to you, by your company.

1. Most probably your prayer for taking the help of an advocate while appearing before the Enquiry officer will not be accepted on the ground that there is no such provision in the service conduct rule of your Company.

2. Hope that you had mentioned in your letter that most of your colleagues have already resigned and are not available to help you for which you seek help from an Advocate for attending the enquiry.

3. However, appear before the enquiry officer with your advocate and see whether he allows your such appearance or not. If he refuses to allow your appearance with an Advocate, ask for the said refusal in writing by submitting a letter asking for the said refusal in writing.

1. Disciplinary proceeding is conducted by a Company based on its service conduct rules.

2. The procedure ordinarily followed by PSUs are that first letter calling for explanation is issued and being not satisfied with the explanation, charge sheet is issued calling for reply and being dissatisfied with the reply of the charge sheeted officer, domestic enquiry is set by appointing an enquiry officer.

3. The enquiry officer conducts the enquiry where the company is represented by the Presiding officer and the charge sheeted officer is represented by the himself or by any of his colleauge.

4. After hearing both the parties, the enquiry officer decides on the matter and submits his enquiry report expressing whether the accused officer has been found guilty of all or any of the charges leveled against him or not.

5. Finally, based on the enquiry report, the Authorised Officer of the company decides and informs about the punishment awarded to him based on the service conduct rule of the Company.

6. You should insist in writing for allowing your Advocate to help you in attending the enquiry and take the refusal order in writing from the enquiry officer.

7. There is rarely any incidence when the enquiry officer has not found that the charge sheeted guilty, even if he is from Chief Vigilance Commissioner's office.

8. So, collect all the evidence of violation of rule and principle of Natural Justice since you might have to approach the High court again in this regard.

You have right to take assistance of a lawyer because it is also a Fundamental Rights enshrined in article 22 of the Constitution of India. In this scenario you should move the Civil Court for appropriate action. the Civil Court has right to order appointment of a lawyer for your assistance.

An advocate is not allowed to accompany his client in the departmental inquiry ordered by the company.

You can take one of your ex-colleagues for supporting you in the enquiry session.

Under special circumstances the delinquent employee can be accompanied by an advocate for the inquiry session, you may just give a reminder to bring your advocate to attend the session.