P. PRADHA SARADHI Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the Constitution of India, the petitioner impugns the penalty imposed upon the petitioner by the Disciplinary Authority/Executive Council of the respondent/University, vide order dated 3.11.2012, by which petitioner was issued warning to desist from the behaviour as stated in the charge -sheet and that the petitioner was not to be assigned any administrative responsibility for a period of five years.

(2.) IN the writ petition, petitioner has raised the following ground (G) in her writ petition: -

(3.) PARA 30 of the judgment in the case of Professor Ramesh Chandra (supra) reproduced above lays down the ratio that where the enquiry officer is a legal practitioner or a retired Judge, the charge -sheeted official cannot be denied assistance of a legal practitioner to represent him. Since in the present case, the admitted position which emerges on record is that the petitioner was denied the request to be represented by an advocate and the Enquiry Officer is a retired Judge of this Court, ratio of the judgment in the case of Professor Ramesh Chandra (supra) squarely applies.