Login : Advocate | Client
Home Post Your Case My Account Law College Law Library

Supreme Court Judgments

Latest Supreme Court of India Judgments 2024


RSS Feed img

J.K. Aggarwal Vs. Haryana Seeds Development Corporation Ltd. & Ors [1990] INSC 269 (5 September 1990)

Venkatachalliah, M.N. (J) Venkatachalliah, M.N. (J) Saikia, K.N. (J)

CITATION: 1991 AIR 1221 1990 SCR Supl. (3) 13 1991 SCC (2) 283 JT 1991 (5) 191 1991 SCALE (1)488


Haryana Civil Services (Punishment and Appeal) Rules, 1952-Rule 7(5)--Charges likely to result in dismissal of delinquent Government servant in inquiry--Representation by counsel whether permitted in the disciplinary proceeding.

Civil Service--Disciplinary proceeding--Presenting Officer trained in law--Denial of representation by counsel to delinquent Government servant--Violates natural justice.

Words and Phrases--`Legal Adviser', 'Lawyer'--Construction of.


A disciplinary inquiry was initiated against the appel- lant, who was the Company Secretary of the Corporation on certain charges which if established might lead to his dismissal from service.

Inquiry-Authority, rejected the appellant's prayer made at the initial stage of the inquiry for permission to engage the services of a lawyer.

Before the High Court, appellant challenged the inquiry proceedings on grounds of denial of natural justice.

The High Court dismissed the Writ-Petition in-limine against which this appeal was filed.

Allowing the appeal, this Court,

HELD: 1. The right of representation by a lawyer may not in all cases be held to be a part of natural justice. No general principle valid in all cases can be enunciated.

[15C-D] In the present case, the matter is guided by the Provi- sions of Rule 7(5) of the Civil Services (Punishment & Appeal) Rules, 1952. [17C] 14 The Rule itself recognises that where the charges are so serious as to entail a dismissal from service, the inquiry- authority may permit the services of a lawyer. This rule vests a discretion. In the matter on exercise of this dis- cretion one of the relevant factors is whether there is likelihood of the combat being unequal entailing a miscar- riage or failure of justice and a denial of a real and reasonable opportunity for defence by reason of the appel- lant being pitted against a presenting officer, who is trained in law. [17G-H, 18A] In the inquiry, the Respondent-Corporation was repre- sented by its Personnel and Administration Manager, who is stated to be a man of law. Moreover, appellant, it is claimed, has had no legal background. The refusal of the service of a lawyer, in the facts of this case, results in denim of natural justice. [17G, 18G] Pett v. Grehound Raling Association Ltd., [1969] 1 QB 125; Pett's case No. 2, 1970(1) QB 46: Enderby Town Football Club Ltd. v. Football Association Ltd., [1971] Chancery Div. 591; C.L. Subrahmaniam v. Collector of Customs, Cochin, [1972] 3 SCR 485, referred.

Board of Trustees of the Port of Bombay v. Dilip Kumar, [1983] 1 SCR 828, followed.

2. Legal Adviser and a lawyer are for this purpose somewhat liberally construed and must include "whoever assists or advises on facts and in law must he deemed to he in the position of a legal adviser." [18A-B]


Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys