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1996 Supreme(Kar) 226

T.S.THAKUR
N. BALASUBRAMANIAM – Appellant
Versus
CANBANK FINANCIAL SERVICES LIMITED, BANGALORE – Respondent


TIRATH S. THAKUR, J.

( 1 ) THE only question that falls for consideration in this writ petition is as to whether the petitioner is in the peculiar facts and circumstances of this case entitled to be represented by a lawyer in the domestic enquiry initiated against him by the respondent-company. That representation in a domestic enquiry by a legal practitioner is not a component of the principles of natural Justice is no longer res integra having been authoritatively settled by a large number of judgments of the apex court including the one in crescent dyes and Chemicals Limited v Ram Naresh Tripathi, Where upon an elaborate review of the case law on the subject, the Supreme Court summed up the legal position thus:"it is, therefore, clear from the above case law that the right to be represented through counsel or agent can be restricted, controlled or regulated by statute, rules, regulations or standing orders. A delinquent has no right to be represented through counsel or agent unless the law specifically confers such a right. The requirement of the Rule of natural justice insofar as the delinquent's right of hearing is concerned, cannot and does not extend to a right to be represen










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