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

In a recent court decision, the 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 incident, not 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.