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TMI Blog2001 (10) TMI 1182X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 dated 5.12.84, issued from the Ministry of Finance, Departme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 further submission by the learned counsel is that whateve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egulation 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 proceeding to ensure that his defence does not get de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... overnment 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 therefore. The mere possibility or otherwise of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ployees facing enquiries and consequently there is no reason or justification whatsoever to erase the amendment from the Rule book on a mere apprehension that, otherwise, it is likely prejudice and adversely affect the officers facing charges in effectively defending themselves. 8. In our view, the circumstances, which necessitated the amendment on the suggestion emanating from the Government of India in consultation with the Reserve Bank of India, appear to be not only genuine and reasonable but the amendment made is also just, proper and necessary in public interest. Consequently, we are unable to agree with the view taken by the High Court that the amendment suffers the vice of Article 14 of the Constitution of India. The judgment of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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