STATE OF CHHATTISGARH Vs. SURESH KUMAR DHRUV

JUDGEMENT

(1.) The verdict passed by the learned Single Judge, virtually granting the relief sought for by the writ Petitioner with regard to challenge raised against the order passed by the Enquiry Officer, whereby the Defence Assistant engaged by the writ Petitioner in a disciplinary proceeding was denied permission to represent the writ Petitioner, is put to challenge in this appeal.

(2.) Heard Shri Gagan Tiwari, the learned counsel representing the Appellants/State as well as Shri Sunil Verma, the learned counsel appearing for the Respondent.

(3.) Sequence of events is as follows: The Respondent herein, who was working as a Constable in the Police Department was proceeded against by the authorities for some delinquency noted in connection with the service. A domestic enquiry was sought to be conducted and an Enquiry Officer was appointed in accordance with the relevant provisions of law and the matter was being proceeded accordingly. In the said proceedings, the Respondent sought to avail the assistance of a person by name Shri Birendra Kumar Sinha who was a former employee in the Police Department. The Enquiry Officer passed an order dated 30.08.2018 (Annexure P/5) denying permission to the delinquent employee to be represented by the aforesaid Defence Assistant, which made the aggrieved person to approach this Court by filing a writ petition, seeking to set aside the order passed by the Enquiry Officer and to permit the delinquent employee to participate in the proceedings.