Can a Lawyer Represent an Employee in a Domestic Inquiry? Seeking Guidance on Fairness and Legal Precedents

I am conducting a domestic inquiry as Inquiry Officer. The Management has appointed a high-ranking officer, viz., Dy. General Manager, as Mgt. Representative. As per the Model Standing Orders and Service Rules applicable to the Co-operative Banking Sector in Maharashtra, the delinquent employee can be allowed to be represented by a colleague or an office bearer of his Union. However, in the instant case, since the management has appointed such a high-ranking official as Mgt. Rep., the defense side has demanded that they should be allowed to appoint a lawyer as a defense representative.

Can this be allowed? If I disallow this, can the inquiry be treated as vitiated, i.e., going against the principles of natural justice? Are there any case laws on this point?

Kindly guide me. Thanks,

Skant

Dear,

If the DGM is legally qualified, then representation by a lawyer will ease the whole inquiry. In fact, the normal belief that lawyers will be obstacles in an inquiry may not be true. If the inquiry officer follows the right procedure, they will not object. On the contrary, they will help the inquiry officer in following the right procedure.

Rajan Associates

Rajan Associates has rightly opined. But if the DGM is not a legally qualified person, then don't allow a lawyer on the defense side. Insist on Union Office bearers or coworkers. The enquiry will not vitiate. At the most, the delinquent may approach the court. But the court doesn't interfere when the enquiry is going on. However, lodge your say clearly in the proceeding papers as to why defense was not allowed a lawyer.

Regards

Thank you for replying to my query. It is certainly helpful. Now, one more question: In case I allow the defense to bring a lawyer to represent him, will it be incumbent upon the management to also bear the professional charges of the defense lawyer?

Regards,
Skant