1000 TIT BITS ON DISCIPLINE -205
860. Charged employee to be informed of his right to defence assistance
The Supreme Court has observed that the justice and fair play demand that the disciplinary authority at the time of the appointment of the presenting officer or in any case, the inquiry officer before he begins the inquiry should ascertain from the charged officer, particularly when he is a low-placed employee, whether he would like to engage someone to defend him. The position of the rules and his rights thereunder should be brought to his notice. If the charged employee is not so informed and an overall view of the inquiry shows that he was at a comparative disadvantage as compared to the disciplinary authority represented by the presenting office, then, unless it is shown that he had not suffered any prejudice, the inquiry shall stand vitiated
(Bhagat Rum v. State of II.P., AIR 1983 SC 454, para 5].
861. Can defence assistant continue with proceedings in absence of charged officer?
The normal practice is that the inquiry is held in the presence of the charged employee. His defence assistant may be there to help him. However, in exceptional circumstances, there appears to be no objection in the inquiry officer permitting a duly authorised defence assistant to continue with the proceedings in the absence of the charged employee. But, in the very nature of things, it has to be a temporary arrangement for a short duration only.
862. Can Defence assistant appear as a witness?
There is no bar in examining the defence assistant as a witness also, where the inquiring authority considers his evidence to be relevant to the facts of the case.
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