'No right for lawyer rep in disciplinary action'

New Delhi, Oct 1: The Supreme Court has held that an employee facing disciplinary proceedings cannot claim to be represented by a lawyer during the inquiry as a matter of right.

A bench comprising Justices Arijit Pasayat and Lokeshwar Singh Panta on September 29 said lawyers cannot be engaged by a person facing disciplinary proceedings as a matter of right.

In a case, respondent K V Rama Reddy, was working as Assistant Grade-II in National Seeds Corporation Ltd.(NSCL) and he along with one G Ansar Pasha, an area manager were facing charges of misappropriation of Rs 63 lakh. The case was referred to CBI for investigation.

During the departmental inquiry, Reddy sought permission from the Disciplinary Authority (DA)to seek the assistance of one V Vishwanathan, retired Assistant Manager and the request was rejected.

The Karnataka High Court also dismissed his writ petition. The respondent made a representation to be represented by a legal practitioner on November 15, 2003 which was turned down on November 21.

The high court, however, permitted Reddy to take the assistance of a legal practitioner in view of peculiar facts of the case though he had no legal right.

In its judgement, the apex court observed ''Though it is correct, as submitted by learned counsel for the respondent, that even if the presenting officer is not a legal practitioner, the disciplinary authority having regard to the circumstances of the case may permit engagement of a legal practitioner. But, it would depend upon the factual scenario.''

Saying that the high court has only been swayed by the fact that the petitioner was a handicapped person, the apex court said, ''The law in this country does not concede an absolute right of representation to an employee as part of his right to be heard. In this case it was also laid down that a delinquent employee has no right to be represented in the departmental proceedings by a lawyer unless facts involved in the disciplinary proceedings were of a complex nature in which case the assistance of a lawyer could be permitted.'' The apex court has allowed the appeal of NSCL.

UNI