1977 Supreme(Raj) 355
D.P.GUPTA
Hira Lal Pathak – Appellant
Versus
The State of Rajasthan – Respondent
JUDGMENT
1. - In this writ petition, the first submission made by the learned Counsel for the petitioner is that the inquiry was not fair inasmuch is the petitioner was neither allowed any defence counsel nor he was allowed an opportunity to cross examine the witnesses appearing for the department nor he was allowed to examine witnesses in his defence. Under Sub-rule (5) of Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as 'the Rules') the delinquent Government servant, who is served with a charge sheet under Rule 16, is permitted to present his defence with the assistance of any other Government servant approved by the Disciplinary Authority. It is not the case of the petitioner that he desired to take the assistance of any other Government servant or any other person for purposes of presenting his d fence but the Disciplinary Authority or the Inquiry Officer refined permission to the petitioner to allow such Government servant or other person to assist the petitioner, either in preparing his defence or cross-examining the witnesses The allegation on the score is, therefore, completely unfounded and has no basis.
2.
Click Here to Read the rest of this document