HR Policy Global

Indian State Court Allowed Employee to Seek Legal help for an Internal Investigation

Published on: February 1, 2023

Authors: Dilpreet Singh, Rohit Dhawan

Topics: India

In a recent court decisionthe Gujarat State High Court stated that an employee facing departmental action should be allowed to engage an advocate for his defense, if the Inquiring officer is a legal expert. 

The Gujarat HC stated that: “where in an enquiry before a domestic tribunal the delinquent officer is pitted against a legally trained mind, if he seeks permission to appear through a legal practitioner the refusal to grant this request would amount to denial of a reasonable request to defend himself and the essential principles of natural justice would be violated”.

Even though this case pertains to a specific incidentnot from the corporate world, it does open a door that can be leveraged by employees in the private sector. Companies should be careful who they choose to lead an internal investigation in the future.

Dilpreet Singh

Chief Advisor, India, HR Policy Association

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Rohit Dhawan

Resource Manager, HR Policy in India, HR Policy Association

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