ASHOK BHUSHAN, J. - (1.) We have heard Sri S.N. Varma, senior advocate assisted by Sri Yeshwant Varma for the appellant and Sri I.M. Tripathi advocate for the respondent.
(2.) This Special Appeal has been filed by the appellant against the judgment of the learned single Judge dated December 3, 2002 passed in Writ Petition No. 48308 of 2002 Sri Latoori Singh v. Chairman, Aligarh Gramin Bank, allowing writ petition in part. Facts giving rise to this Special Appeal briefly stated are: The respondent Latoori Singh is working as Officer Scale II in Aligarh Gramin Bank. A disciplinary enquiry was initiated by the bank against the respondent by issuing chargesheets dated July 31, 2002 and August 9, 2002, the Enquiry Officer was appointed by the disciplinary authority on September 4, 2002 in accordance with the Aligarh Gramin Bank (Officers and Employees) Service Regulations, 2000 with respect to chargesheet dated July 31, 2002. Another Enquiry Officer was appointed by the order dated September 11, 2002 in respect to chargesheet dated August 9, 2002. Enquiry Proceedings were held on October 19, 2002 in which Presenting Officer on behalf of the Bank also appeared. The Enquiry Officer asked the respondent as to whether he wants to engage a defence representative which was replied in affirmative by the respondent. The respondent stated to the Enquiry Officer that he wants to engage a legal practitioner for his defence. The Enquiry Officer refused the prayer for engaging a legal practitioner and stated that the respondent can only bring any Officer or employee of the Aligarh Gramin Bank as a defence representative. The aforesaid decision of the Enquiry Officer was objected by the petitioner but the Enquiry Officer reiterated his same decision on which the respondent stated that he wants to bring one Sri R.P. Singh of Central Bank of India as his defence representative. The Enquiry Officer stated that at his level only permission for engaging defence representative belonging to Aligarh Gramin Bank can be granted. The Enquiry Officer asked for fifteen days time for searching an employee or Officer of Aligarh Gramin Bank for being his defence representative. The enquiry was adjourned by the Enquiry Officer to November 12, 2002.
(3.) After the above proceedings the writ petition was filed by the petitioner praying for quashing of the order dated September 4, 2002 and the order dated September 11, 2002 initiating the enquiry proceedings as well as the chargesheets dated July 31, 2002 and August 9, 2002. A writ of mandamus was also prayed for commanding the respondent to allow the petitioner (respondent to this appeal) to appoint an independent defence representative as Sri R.P. Singh a Special Officer of Central Bank of India. Further prayer seeking a writ of mandamus commanding the respondent not to interfere in the peaceful functioning of the petitioner and further not to take any coercive action in respect to the order passed in enquiry proceedings. Counsel for the Bank was represented in the writ petition and the writ petition was heard by the learned single Judge without inviting counter-affidavit from the Bank. The learned single Judge dismissed the writ petition in so far as the prayer for quashing the disciplinary proceedings in pursuance of the chargesheets was concerned. The writ petition was partly allowed holding that the petitioner has a right to engage Sri R.P. Singh or any officer of the Central Bank of India or Aligarh Gramin Bank as representative to defend the writ petitioner in the enquiry. The judgment of the learned single Judge in so far as it partly allowed the writ petition, has been appealed by the Aligarh Gramin Bank. Sri S.N. Varma, senior advocate, raised following submissions in support of the appeal. 1. The service conditions of the employees of the Bank are governed by Aligarh Gramin Bank (Officers and Employees) Service Regulations, 2000 which do not contain any provision enabling the writ petitioner to have a defence representative from any other Bank. The right of representation in the disciplinary enquiry is regulated by the statutory rules and unless the rules permit the employee has no right to claim engagement of defence representative from any out side organisation i. e. Central Bank of India. 2. The learned single Judge did not correctly construe the provision of Regulation 43 of the Aligarh Gramin Bank (Officers and Employees Service Regulations, 2000.;