Published on: February 1, 2023
Authors: Dilpreet Singh, Rohit Dhawan
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.
Chief Advisor, India, HR Policy AssociationContact Dilpreet Singh LinkedIn
Resource Manager, HR Policy in India, HR Policy AssociationContact Rohit Dhawan LinkedIn