In a domestic disciplinary inquiry, if the inquiry officer is a legally trained person, the charged employee is entitled to be assisted by a legal practitioner to ensure the fairness of the proceedings and compliance with the principles of natural justice.

JUDGMENT

Petitioner has approached this Court challenging Ext.P6 memo of charges. By Ext.P8 petitioner requested the enquiry officer to permit him to avail the assistance of a legal expert to defend his case as the enquiry officer is a lawyer and legal practitioner. The said request has been rejected by an endorsement in Ext.P8 that no worker has a right to be represented by a legal practitioner unless there is a standing order or the management is represented by a legally trained person. It is aggrieved by the same that the present writ petition has been filed. Petitioner relies on the judgment of the Apex Court in Professor Ramesh Chandra v. University of Delhi and Others [2015 KHC 4086], wherein the Apex Court has held that if the enquiry is conducted by a legally trained person, the denial of assistance of a legal practitioner to the charge employee will be unfair. Petitioner would further submit that the said judgment was followed by this Court in Vaikom Taluk Co-operative Agricultural and Rural Development Bank Ltd. No.K951 v. Anilkumar and Others [2020 (4) KHC 81 (DB)] wherein also it is held that if inquiry officer is a person having legal acumen and experience, the conduct of enquiry proceedings and appreciation of evidence will also be of a high level and therefore, the delinquent will also have an opportunity to present his defence in the same qualitative level to satisfy the rules of natural justice and therefore, the delinquent can have the assistance of a lawyer.

2. Heard the learned counsel appearing for the respondents also.

Taking into consideration the dictum laid down in the above judgments, I am of the view that the request of the petitioner for assistance of a legally trained person or legal practitioner cannot be denied. Accordingly, the endorsement in Ext.P8 to the effect it denied the request of the petitioner is set aside with a consequential direction to the enquiry officer to permit the petitioner to be assisted by a legal practitioner.