A judicial officer cannot insist on a lawyer in a departmental inquiry, Kerala High Court holds

23 October 2026

The Kerala High Court has held that a judicial officer facing a departmental disciplinary inquiry cannot insist on being defended by a lawyer. Justice Gopinath P dismissed the writ petition of a serving Additional District and Sessions Judge, WP(C) No. 33217 of 2026, reported as 2026 LiveLaw (Ker) 600. The inquiry is governed by the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. The High Court administration relied on Rule 15(6) of those Rules as restricting the engagement of a legal practitioner during the inquiry, and Rule 15(3) authorises the Inquiring Authority to amend, alter or modify the charges. Following the Supreme Court in Dinesh Chandra Pandey v. High Court of Madhya Pradesh, the Court held that a delinquent officer has no right to engage a lawyer in disciplinary proceedings. It said the charges, though serious, were not complicated, and that the petitioner could defend himself with the assistance of another officer in the cadre of District Judge. The Court also held that the amendment of the charges was not illegal, and left the officer free to seek more time to reply and to apply for the recall of witnesses already examined.