32. Right to Defence Assistance, Inspection of Documents
155. Right to Defence Assistance: The Principles of Natural Justice do not go to the extent of allowing defence assistance by a legal practitioner or even by any other employee. But if there is a provision for allowing defence assistance in the statutory rules applicable to the charged employee, he can claim it to the extent permitted by the rules [Crescent Dyes & Chemicals Ltd. v. Ram Naresh Tripathy, 1993 AIR SCW 1106] For instance, in the case of Central Civil Servants Rule 14(8) of the CCS (CCA) Rules permits defence assistance from any other Government servant. But even in such a case, there is no right of defence assistance from a particular employee if his services cannot be spared in the interest of the public service [H.C. Sarin v. Union of India, AIR 1976 SC 1686].
156. Inspection of Documents: The charged officer has an unquestioned right of access not only to documents which form the basis of the charge but also those documents which he requires to support his defence [Committee of Management, K.D. College v. S.S. Pandey, (1995)1 SCC 404: Kashinath Dikshita v. Union of India, AIR 1986 SC 2118).
157. While deciding the relevancy, the Inquiry Officer, rather than adopting the posture “Why should I allow', should adopt the attitude 'what is the harm in allowing it' [Kashinath Dikshita case, supra].
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