150. Knowledge Spectrum – Discipline – DEFENCE ASSISTANT 66.
195. What are the restrictions on a Retired Government Servant being appointed as a Defence Assistant?
DoP&T OM No. 11012/11/2002-Estt.(A) dated 5 D}Feb 2003 provides the following conditions in the matter of appointment of a retired government as a Defence Assistant:
(a) Should have retired from Service under the Central Government.
(b) If the retired Government Servant happens to be a legal practitioner also, the conditions prescribed for engaging a legal practitioner as defence assistant will apply
(c) Should not have been associated with the case in any manner in his official capacity
(d) Cannot function as Defence Assistant in more than seven cases at any point of time.
196. When is the Defence Assistant appointed?
It is desirable that the IO informs the CO of the latter's entitlement for having the services of Defence Assistant in the first communication regarding the hearing. As soon as the CO informs the 10 of the details of the Defence Assistant, the 10 may write to the controlling officer of the Defence Assistant so that the latter could be spared for the first hearing it self.
Before formally allowing the person to function as Defence Assistant, О should check and satisfy himself/herself about the number of cases being handled by the defence assistant
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