1000 TIT BITS ON DISCIPLINE -203
854. Restrictions on rendering defence assistance
The Government of India have put some restrictions on their employees rendering defence assistance, namely,
firstly, a Government servant cannot have more than three cases on hand in which he is rendering defence assistance [Note below Rule 14(8)(a), CCS (CCA) Rules, 1965. Such a restriction has been upheld by the Supreme Court in 'Indian Overseas Bank v. Indian Overseas Bank Officers' Association, (Civil Appeal No.2597 of 1998 decided by the Supreme Court on 1.10.2001]; and
855. Secondly, he must be posted in any office cither at the headquarters of the charged employee or the place where inquiry is held. This condition is relaxable in suitable cases by the inquiry officer, for the reasons to be recorded by him in writing (Rule 14(8)(a) read with Proviso, CCS (CCA) Rules, 1965). Though the charged employee can make a representation against the refusal by the inquiry officer to the disciplinary authority (DOP&T OM. No. 11012/3/86-Estt.(1), dated 29.1.1986), but no appeal shall lie against the order of the disciplinary authority as the order will be in the nature of step-in-aid in the inquiry. (ibid.)
856. Defence Assistance by a Retired Civil servant
Defence assistance by a retired employee is permissible only if the rules expressly allow it (Food Corporation v. Bant Singh, 1997 Lab. IC (SC) 2877). The statute may allow it with certain conditions which may have to be complied with.
The Government of India have allowed their retired employees to render defence assistance in departmental inquiries vide. DOP&TO.M. No. 11012/11/2002-Estt.(), dated 5.2.2003. However, it is subject to following conditions:
(i) The retired Government servant concerned should have retired from service under the Central Government.
(ii) If the retired Government servant is also a legal practitioner, the restrictions on engaging a legal practitioner by a delinquent Government servant to present the case on his behalf, contained in Rule 14(8) of the CCS (CCA) Rules, 1965 would apply.
(iii) The retired Government servant concerned should not have, in any manner, been associated with the case at investigation stage or otherwise in his official capacity.
(iv) The retired Government servant concerned should not act as defence assistant in more than seven cases at a time. The retired Government servant should satisfy the inquiring officer that he does not have more than seven cases at hand including the case in question.
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