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Judgment
The appeal is filed belatedly. There is a delay of 27 days.
The delinquent employee sought for legal assistance to defend her in a disciplinary proceeding. It is stated that as higher officials were required to be examined, she has not been comfortable in cross- examining them.
Rule 7 of the Industrial Development Bank of India Limited Officers'' (Discipline and Appeal) Rules, 2006, provides that an officer of the bank is permitted to take the assistance of any other person, but cannot engage a legal practitioner for defending him/her, unless the presenting officer appointed by the disciplinary authority is a legal practitioner, having regard to the circumstances of the case.
The Hon''ble Single Judge recorded that there is no vested right on the delinquent employee to get legal assistance, but the rule did not provide absolute prohibition in engaging the services of a lawyer.
In the sound exercise of discretion, the Hon''ble Single Judge allowed the writ petition and permitted the writ petitioner to engage the services of an advocate to defend herself.
We do not find any merit in the appeal.
Therefore, the application for condonation of delay is dismissed. Consequently, the appeal is, also, dismissed.
We make no order as to costs.