1000 TIT BITS ON DISCIPLINE -57
Defence Assistance to the Charged officer
226. The charged employee is entitled to take defence assistance as allowed by the rules applicable to him. The CCS (CCA) Rules, 1965, provide that defence assistance can be taken from a fellow employee, who must be serving either at the headquarters of the charged employee or the place of inquiry. This condition may be relaxed by Inquiry officer, for the reasons to be recorded in writing. There is another condition also. The person defending must not have more than three cases on hand in which he is rendering such assistance. The retired government servants are also eligible to render defence assistance. But in not more than seven cases at a time. Further, if retired Government servant is one who has in any manner been associated with the case at investigation stage or otherwise in his official capacity, he becomes ineligible to render defence assistance in that case (DOP&T O.M. No. 11012/11/2002-Estt.(A), dated 5.2.2003]. If a retired Government servant is also a legal practitioner, then the provisions relating to legal practitioners shall apply to him (ibid.)
227. It is not necessary to obtain approval of disciplinary authority before defence assistance is obtained from any particular fellow employee. But, since departmental inquiries are held on working days and during office hours, the person rendering defence assistance has to obtain permission of his controlling authority to be absent from place of his duty. Such permission, in compelling situations, can be refused in public interest. The Supreme Court has held that refusal of the controlling authority, in suitable cases, to relieve him for the purpose shall not amount to violation of the principles of natural justice
[H.C. Sarin v. Union of India, AIR 1976 SC 1686).
228. Where the rules permit the charged employee to take the defence assistance from a legal practitioner in certain situations, if the presenting officer appointed by the disciplinary authority is a legal practitioner, the charged officer can also avail of the assistance of a legal practitioner, as of right. In other cases, permission of the disciplinary authority shall be necessary, which should be granted in deserving cases. The Supreme Court has held that such permission should not be refused where the presenting officer is a Public Prosecutor of the C.B.I. or the Local Administration [C.L. Subramanian v. Collector of Customs, AIR 1972 SC 2178) or a Law Officer or a Legal Adviser of the Organization (Board of Trustees, Port of Bombay v. Dilipkumar R. Nadkarni, AIR 1983 SC 109] or its Personnel and Administration Manager who is a man of law [J.K. Aggarwal v. Haryana Seeds Development Corpn. Ltd., 1991 Lab. IC (SC) 1008].
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