- (1.) Petitioner has filed this petition under Article 226 of the Constitution of India seeking a writ in the nature of Certiorari for quashing the impugned order dated 23.05.2015 (Annexure P-11) and order dated 13.07.2015 (Annexure P-14).
(2.) Learned counsel for the petitioner has submitted that the petitioner was working as a Clerk with the respondents. Charge-sheet dated 28.02.2015 (Annexure P-5) was issued to the petitioner. Petitioner submitted his reply to the said charge-sheet. Thereafter, Inquiry Officer was appointed. During inquiry proceedings, petitioner moved an application dated 21.04.2015 (Annexure P-8) for permitting him to engage hand-writing and finger-print expert and a lawyer for his defence in the departmental proceedings. As per Clause-12 of the Memorandum of Settlement dated 10.04.2002, an employee could be permitted to be defended by a lawyer with the permission of the Bank. However, the request of the petitioner has been denied vide the impugned orders on irrelevant consideration.
(3.) Learned counsel for the respondents, on the other hand has submitted that there was no occasion for permitting the petitioner to be defended by a lawyer as the presenting officer is not a legally trained person.;