TaxTMI 
TaxTMI 
2001 (10) TMI 1182
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....ijaya Bank respectively. 2. The respective Banks had their own regulation for regulating the conduct, discipline and appeals pertaining to their officers and employees. Those Regulations contained a provision enabling an officer/employee to take the assistance of any other officer-employee to defend him in any disciplinary proceedings. This was sought to be amended by a circular order providing for the addition of a note to the relevant regulation in the following terms: Note: The officer employee shall not take the assistance of any other employee who has two pending disciplinary cases on hand in which he has to give assistance. 3. This move was said to have been triggered by the communication of the Government of India date....
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.... it results in deprivation, to the officer-employee, of an effective opportunity to get proper assistance from his colleagues for his defence. 5. The respondents, despite being served with notice of appeals, have not chosen to enter appearance to contest the appeals and remained ex-parte. The learned senior counsel for the appellants, Shri P.P. Rao, strenuously contended that the impugned amendment to the Regulations is not only just and reasonable but had a laudable purpose and commendable public interest to be served and can also by no means be stated to be discriminatory or perpetuating any invidious discrimination, as assumed, warranting it to be struck down and consequently the judgment under appeals is liable to be set aside. The f....
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....to representation by somebody else unless the rules or regulation and standing order, if any, regulating the conduct of disciplinary proceedings specifically recognize such a right and provide for such representation. [N. Kalindi & Others vs M/s Tata Locomotive & Engineering Co. Ltd., Jamshedpur (1960)IILLJ228SC : (1960)IILLJ228SC ; Dunlop Rubber Co. (India) Ltd. vs Their Workmen (1965)ILLJ426SC : (1965)ILLJ426SC ; Crescent Dyes and Chemicals Ltd. vs Ram Naresh Tripathi (1993)ILLJ907SC : (1993)ILLJ907SC and Bharat Petroleum Corporation Ltd. vs Maharashtra General Kamgar Union & Others (1999)ILLJ352SC : (1999)ILLJ352SC . Irrespective of the desirability or otherwise of giving the employees facing charges of misconduct in a disciplinary proce....
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....the fact situation specifically noticed by the Government of India of one defence officer holding brief in 50 pending matters, which necessarily called for such specific ceiling vis-a-vis the defence officer for the reason that the selection and choice of which is inevitably with the officer-employee concerned and that in the absence of such a stipulation, the management would suffer a serious handicap in observing such a rule or principle to so regulate to the surprise of the officers employees both facing enquiries and those to be drafted for defence. So far as the management is concerned, it can always observe the same while considering the need of choosing a presenting officer in an individual case even in the absence of a stipulation t....