149. Knowledge Spectrum – Discipline – DEFENCE ASSISTANT 65.
191. Can the CO seek the services as Defence Assistant, of a Government Servant posted in a station other than the place of inquiry as well as the Headquarters of the CO?
Proviso to Rule 14(8) provides for appointment as Defence Assistant, a Government Servant posted at any other station, if the 10, having regard to the circumstances of the case and for reasons to be recorded in writing, so permits.
It is necessary that in either case, whether allowing or rejecting the request of the CO, the order of the 10 must be a reasoned order. There is a statutory condition that reasons must be recorded while granting permission to engage a Defence Assistant from out station. Principles of natural justice require that the order rejecting the request of the CO in this regard must be through a speaking one because it affects the prospects of reasonable opportunity of defence.
192. What further course of action is available, if the IO rejects the request of the CO for appointment as Defence Assistant, of a Government Servant posted at a station other than the Headquarters of the CO or the place where the inquiry is being held?
The CO aggrieved by the order of the IO in the matter of engaging a Defence Assistant from outstation is at liberty to make an appeal to the Disciplinary Authority as provided in DoP&T OM No. 11012/3/86-Estt (A) dated 29 Apr 1986. '
193. What are conditions under which a legal practitioner may be allowed to present the case on behalf of the CO?
Legal practitioner may be allowed to function as Defence Assistant under either of the two following conditions:
(a) Where the PO is a Legal Practitioner – under this condition, the CO has a statutory right to engage a legal practitioner as his defence assistant or
(b) Where the Disciplinary Authority having regard to the circumstances of the case so permits
194. What are the circumstances which may justify the appointment of a legal practitioner as defence assistant?
A non-exhaustive list of factors to be considered while examining the request of the CO for engagement of legal practitioner has been provided in DG P&T letter No. 6/8/72-Disc. I dated 29 Aug 1972:
(a) Status of the PO (b) His experience in this job (c) Volume and nature of documentary evidence produced.
The above letter also states that the sole criterion by which the Disciplinary Authority of reasonable opportunity.
Subsequently, the MHA DP&AR vide its OM No. 11012/7/83-Estt.(A) dated 23 Jul 1984 has clarified that when on behalf of the Disciplinary Authority the case is being presented by the Prosecuting officer of the CBI or the Law officer (such as Legal Advisor, Junior Legal Advisor) the request deserves to be considered favourably
Post a Comment