& ( 5 ‘A SMgEa @gmh INVTHE HIGH COURT OF CHHATTISGARH AT BILASPUR WP. (SI NO. r M \ \3 / 2009 PETITIONER : William F Nathanial, S/o Late F.Nathanial, Aged about 43 years, Executive Operation Officer, M/s Hindustan Petroleum Corporation Ltd., (IRD) Jagdalpur, Distt. Bastar—(C.G.) VERSUS RESPONDENTS : 1) M/ s Hihdustan Petroleum Corporation Ltd., Through —’The Chairman and Managing Director Having its registered office at 17m Jamshedji Tata Road, Petroleum House, 6th Floor, Mumbai—ZO (M.S.) The Director Human Resources, M/ s Hindustan Petroleum Corporation Ltd., Jamshedji Tata Road, Petroleum House, 6th Floor, Mumbai—2O (M.S.) The General Manager (East Zone) and the Disciplinary Authority, M / s Hindu stan Petroleum Corporation Ltd., 6, Church Lane, P.O. No.146, Kolkatta. The Senior Regional Manager and Enquiry Officer, M / s Hindu stan Petroleum Corporation Ltd., Ranchi Retail Regional Office, Maru Tower, 5th Floor, Ranchi (Jharkhand). WRIT PETITION U/A 226 8L 227 OF THE CONSTITUTION OF INDIA ® WW HIGH COURT OF‘ CHHA’I‘TISGARH : BILASPUR Writ Petition (S) No. 4119 of 2009 Petitioner William F Nathanial Versus Respondents M/s Hindustan Petinleum Corporation Ltd. 8:. others WRIT PETITON UNDER ARTICLE 226 85 227 OF THE CONSTITUTION OF INDIA. (SB: Hon’ble Shri Satish K. Agnihotri J.) ORDER (oral) Heard. (Passed on this 1st day of December, 2009) The petitioner chanenges the legality and validity of the order dated May 12, 2009 (Annexure 13/6), passed by the Enquiry omcer and the order dated July 24, 2009 (Annexure P/ 10), passed by the General Manager—E2 8n Disciplinary Authority, whereby the petitioner was not permitted to engage the selvices of Shri K. R. K. Rao, retired Executive Operations Omcer -HPCL, Visakh Trminal, on the ground that Shii K. R. K. Rao was a legal practitioner and enrolled as an Advocate in the Andhra Pradesh Bar Council. Shri Prafull Bharat, learned counsel appearing for the petitioner submits that Shri K. R. K. Rao had sought suspension of practice, which has been granted by the Bar Council of the State of Andhra Pradesh on 16.9.2009. Thus, as on date Shri K. R. K. Rao is neither a. legal practitioner nor enrolled as an Advocate in any of the Bar Councils in India and as such the petitioner may be permitted to engage the services of Shri K. R. K. Rao as defense counsel. in the domestic enquiry, in accordance with Rule F. 6, Part —II - Discipline and Appeal Rules of the Hindustan Petroleum - Management Employees’. Conduct, Discipline and Appeal Rules, 1976. Shri Prafull Bhaiat, Advocate for the petitioner. Shri P. S. Koshy, Advocate for the respondents. *yS _7// 3. Shli P. S. Koshy, lgarned counssl appaan'ng for thc mspondents submits that on May 12, 2009 Shn’ K. R. K. Rao, Who appeared as defense counsel of the petitioner before the enquily oElcer, was a legal practitioner and an Advocate. Thus, the impugned order dated May l2, 2009, cannot be faulted w1th The subsequent order dated July 24, 2009 (Annexuxe P/ 10), which is also under challenge in this wn't petition, miterates the same. reason for not permitting Shri K. R. K. Rao as defense counsel on behalf of the petitioner. 4. Be that as it may, as it is pointed out by Shri Prafull Bharat, learned counsel appearing for the petitioner that by order dated 16.6.2009 (Annexure Pf7) the enrollment of Shri K. R. K. Rao has been suspended W.e.f. 1.5.2009, he is no longer a legal practitioner or an Advocate, thus he may be permitted to appear as defense counsel of the petitioner in the domestic enquiry. 5. On perusal of the documents and looking mm all angles, it appears that Shn‘ K. R. K. Rao is not a legal practitioner and an Advocate, as on date, as his enrollment has been suspended for practice. In View of the foregoing, Shri K. R. K. Rao may be allowed to appear on behalf of the petitioner as defense counsel in the domestic enquiry, subject to verincation of all the material documents; including the order passed by the Bar Council of the Andhra Pradesh. 7. For the reasons mentioned hereinabove, this writ petition stands disposed of. No order asto costs. //t Thakur Sdl- Sh K. AgnihO‘ri‘. /v’ Sati . Judge ‘