Abdul Laish v. Andaman And Nicobar State Cooperative Bank Limited And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/131/2022 Abdul Laish ... Petitioner Vs.

The Andaman & Nicobar State Cooperative Bank Limited and another ... Respondents Mr. Gopala Binnu Kumar ...for the Petitioner Mr. Alisham Venkatesh ...for the Respondents September 22, 2022 [MAM] Item No.30 The petitioner has been facing a disciplinary proceeding. By a letter dated April 16, 2022 he made a representation before the respondents to allow him to avail of the service of a suitable defense assistant other than a nominee of Union, a coworker or advocate/lawyer. Clause 81C of the notification dated 20th April, 2017 namely Andaman & Nicobar Islands Cooperative Societies Rules provides as follows:- "c) The employees shall have the right to defend himself/herself through a nominee of the Union of which he/she is a member or a co-worker. But no employee shall have the right to engage an advocate or a lawyer unless the Presenting Officer is a practicing lawyer or a legal practitioner and in other cases if the employer agrees to such defence." Learned advocate for the petitioner submits that the petitioner intends to get his case defended by a retired government employee.

I do not see any conflict between the prayer of the petitioner and the rules as quoted above with regard to the engagement of a defence assistant. The Bank was not right in rejecting the prayer of the petitioner by the impugned letter dated April 20, 2022.

In fact, the issue has been decided by a judgement passed in WPA 132 of 2022 by a Coordinate Bench of this Court. A different view is not called for.

This writ petition is thus disposed of giving a direction upon the respondents to allow the petitioner to defend his case by a retired government servant of his choice. It is expected that the disciplinary proceedings shall be completed as early as possible.

WPA 131 of 2022 is accordingly disposed of.

(Kausik Chanda, J.)