VidhiSangh

Supreme Court of India · 04/01/2022

THE RAJASTHAN MARUDHARA GRAMIN BANK (RMGB) & ANR. versus RAMESH CHANDRA MEENA & ANR.

[2022] 1 S.C.R. 182 · 2022 INSC 10

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court set aside the High Court’s direction allowing a bank employee to use a retired bank officer as his defence representative in a departmental inquiry. Regulation 44’s silence on former employees did not create that entitlement. The Board-approved vigilance handbook validly supplemented the regulation by requiring a serving bank employee as representative. Natural justice required a fair opportunity to defend the charges, rather than an unrestricted choice of agent. Requests for legal counsel in severe and complex cases remained open to consideration under Regulation 44.

Issues

  1. Whether the employee had a right to engage a retired bank employee as defence representative.
  2. Whether the Board-approved handbook could supplement Regulation 44’s provisions on representation.

Provisions considered

Held

Result

Bank’s appeal allowed; High Court orders permitting representation by an ex-employee set aside; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 182.