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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Hc/m Kushalveer Singh – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 409 of 2023 & CM APPL. 1664 of 2023
Decided On : 20-02-2023
certiorari - Departmental Inquiry - The court directed the respondents to select another four names and seek their willingness to participate as a Defence Assistant for the petitioner in the Departmental Inquiry proceedings.
Fact of the Case:
The petitioner sought the issuance of a writ of certiorari for quashing a circular order and a writ of Mandamus directing the respondent to provide a defense assistant for a departmental inquiry.
Finding of the Court:
The court disposed of the petition by directing the respondents to select another four names and seek their willingness to participate as a Defence Assistant for the petitioner in the Departmental Inquiry proceedings.
Issues: Petitioner seeking relief through writ of certiorari and writ of Mandamus, willingness of suggested persons to participate in Departmental Inquiry proceedings.
Ratio Decidendi: The court's decision was influenced by the unwillingness of the suggested persons to participate in the Departmental Inquiry proceedings, leading to the direction for the respondents to select another four names.
Final Decision: The present petition is disposed of, and the Departmental Inquiry against the petitioner shall remain stayed till the Defence Assistant is appointed.
JUDGMENT (ORAL)
1. Vide the present petition, the petitioner is seeking following reliefs:
"To issuance of a writ of certiorari for quashing of the circular order no. 07/2018 (AMENDMENT OF CO. 05/2011) vide no. S.XII.1/2018-LAW-DA-VII dated 23/05/2018 issued by the respondent no.2, memorandum no. P-VIII1/2022 ESTT. II dated 08/04/2022, office order no. P.VIII-01/2022-GC SPT-EC- II dated 22/04/2022 and office order P-VIII-02/2022-ESTT.-II dated 23/11/2022 issued by the respondent no.5 in the interest of justice.
(b) To issue a writ of Mandamus directing the respondent to provide the defense assistant to the petitioner for the departmental inquiry in the interest of justice"
2. Learned counsel appearing on behalf of the respondents submits that the respondents have suggested four names to the petitioner from whom, one is to be appointed as a Defence Assistant to assist the petitioner for the Departmental Inquiry.
3. Learned counsel for the petitioner submits that all four suggested persons have not given the willingness to participate in the Departmental Inquiry proceedings.
4. We hereby dispose of the present petition directing the respondents to select another four names and also to seek their willingness to participate as a Defence Assistant for the petitioner in the Department Inquiry proceedings. The option to choose any one name out of four names, shall be exercised by the petitioner.
5. Accordingly, the present petition is disposed of along with pending application.
6. The Departmental Inquiry against the petitioner shall remain stayed till the Defence Assistant is appointed.
AI
The court has the authority to direct the respondents to select another four names and seek their willingness to participate as a Defence Assistant for the petitioner in the Departmental Inquiry proc....
The appointment of Inquiry Officers is permissible under CCS (CCA) Rules, and requests for change due to bias can be resolved by Disciplinary Authority.
Court disallows re-examination of unpresented issues in review petitions, allowing the petitioner to seek reimbursement of expenses while reserving the right to further legal action.
The Writ Petition was dismissed as infructuous after the results were declared, highlighting the importance of timely disclosure in public recruitment processes.
The rules governing domestic inquiries regulate the right to engage external representation, and such rights are not inherent but statutory.
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