Legal representation in domestic enquiry is not an absolute right; refusal to allow counsel was justified on the facts.

In a domestic enquiry, a delinquent employee has no absolute right to be represented by a legal practitioner unless the service rules expressly confer that entitlement. Where the rules permit only limited discretion to allow a lawyer, that discretion must be exercised on relevant circumstances, not as a matter of course. Here, the employee was already entitled to assistance from another employee of the unit, and the materials against him were factual and documentary, so the circumstances did not justify legal representation. The refusal to permit a legal practitioner was therefore justified, and the High Court's order was unsustainable.

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Issues: Whether a delinquent employee had a right to be represented by a legal practitioner in the departmental enquiry, and whether the disciplinary authority could permit such representation having regard to the circumstances of the case.

Analysis: The governing rule allowed the employee to take assistance of another employee of the concerned unit, and prohibited engagement of a legal practitioner unless the presenting officer was one or the disciplinary authority, having regard to the circumstances of the case, permitted it. The settled law is that there is no absolute right of representation in domestic enquiries and no right to be represented by a lawyer unless the service rules expressly confer such a right. The Court reiterated that even where the rules leave a limited discretion to permit a lawyer, that discretion must be exercised on relevant circumstances. On the facts, the grounds relied on for seeking legal assistance did not justify invocation of that discretion. The employee was already entitled to assistance of another employee, and the materials against him were factual and documentary in nature.

Conclusion: There was no enforceable right to engage a legal practitioner, and the refusal to permit such representation was justified. The High Court's order was unsustainable.

Ratio Decidendi: In a domestic enquiry, representation by a legal practitioner is not a matter of right unless the service rules so provide, and a limited discretionary permission to engage a lawyer can be granted only on relevant circumstances justifying such assistance.

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