SUBHASH S. SAWANT Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) Rule, returnable forthwith.

(2.) The Petitioner before us is an ex-employee of the Respondent No. 1 Bank and is stated to be the General Secretary of the Central Bank Employees Union, Mumbai. Certain disputes have arisen between the Petitioner and the Respondent No. 1 Bank, as a consequence of which disciplinary proceedings came to be initiated by Respondent No. 1 against the Petitioner.

(3.) In the course of the disciplinary proceedings, certain issues arose between the parties in connection with the Defence Representative sought to be engaged by the Petitioner to defend him in the disciplinary proceedings, culminating in Petitions filed in this Court and certain orders being passed therein. The Defence Representative whom the Petitioner desired to represent him is a gentleman by the name of Mr. Prabhakar C. Marpakwar. It was the stand of the Petitioner in certain Petitions earlier filed in this Court that under the applicable Regulations titled as "Disciplinary Action Procedure" Regulations, and in particular Clause 12(a)(ii), the Petitioner was entitled to appoint Mr. Marpakwar as his Defence Representative. The relevant portion of Regulation 12 is reproduced hereinbelow: