PRADEEP NANDRAJOG, J.

1. Rule 36 (5) (c) of the CISF Rules, 2001 reads as under:-

“36(5)(c) Where the Disciplinary Authority itself inquires into any article of charge or appoints an Inquiring Authority for holding any enquiry into such charge, it may, by an order, appoint a member of the Force to be known as the „Presenting Officer? to present on its behalf the case in support of the articles of charge.”

2. Concededly the Rules were amended with effect from June 09, 2003 and aforenoted clause (c) in sub-Rule 5 was inserted. The charge memorandum was issued to the deceased petitioner on December 31, 2003 when clause (c) in sub-Rule 5 of Rule 36 was operative.

3. Yet in spite thereof the presenting officer was not appointed and the record shows to us that the witnesses were examined by the Inquiry Officer on his own. He has even put questions to the witnesses to elicit response which goes beyond seeking clarificatory questions. The Inquiry Officer has cross-examined the solitary defence witness examined by the deceased petitioner.

4. One of the fundamental principles of natural justice is that no man shall be a judge in his own cause. The principle has seven well