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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Deepak Dogra – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
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| 1. appellant's request for legal representation in inquiry dismissed. (Para 2 , 5 , 19) |
| 2. legal representation is discretionary based on circumstances. (Para 3 , 4 , 6 , 18) |
| 3. inquiry charges deemed straightforward, no legal aid required. (Para 7 , 8 , 10 , 13 , 15) |
| 4. supreme court citations underline limitations of legal representation. (Para 11 , 12 , 14) |
JUDGMENT
2. The appellant was challenging the order dated 01.02.2023 (Annexure P-7), wherein his application for permission to engage an advocate/legal practitioner in the departmental enquiry had been rejected. The learned Single Judge came to the conclusion that the Punjab Civil Services (Punishment & Appeal) Rules, 1970 (for short 1970 Rules') did not permit such assistance in normal circumstances and only where the punishing authority having regard to the circumstances of the case so permits, assistance could be taken for engagement of a legal practitioner. Reliance was placed upon the judgment of the Apex Court passed in K.B. Rai v. State of Punjab, 1996 (1) SLR 353 to come to the conclusion that where an employer is represented by officer who was legally trained, the employee would have a right to seek assist
Legal representation in disciplinary proceedings is contingent upon the Presenting Officer being a legal practitioner, as per Rule 9(5) of the Assam Services (Discipline and Appeal) Rules, 1964.
The discretion vested with the Enquiry Officer under Rule 7(A) (13) is to be exercised judiciously and with circumspection, and the Enquiry Officer's decision to decline the request for engagement of....
A workman cannot engage an Advocate as a defence representative in a domestic enquiry if the management representative is not legally trained, despite the absence of specific provisions in the Model ....
The refusal to allow legal representation in a disciplinary enquiry, particularly when the presenting officer is legally trained, violates natural justice and renders the proceedings invalid.
The denial of legal assistance and access to documents in disciplinary proceedings violates natural justice, especially when the accused faces a legally trained opponent.
There is no absolute right in favour of delinquent officer’s to be represented in departmental proceedings through agent of his choice and same can be restricted by employer – Only requirement is tha....
The main legal point established in the judgment is that a government servant is entitled to engage a legal practitioner for assistance in a disciplinary proceeding, as provided under Rule 15(5) of t....
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