RAJESH KUMAR URMALIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY filing this petition under Article 226 of the Constitution of India, the petitioner has prayed for setting aside the charge sheet dated 16.7.2012. The petitioner has also prayed for appointment of Shri Yogesh Ghotakhode as defence assistant. In addition, it is prayed that the petitioner be provided copies of the documents required by the petitioner. Lastly, it is prayed that the petitioner be permitted to cross - examine Shri Alok Dagla/complainant prior to examination of other witnesses.

(2.) SHRI Raju Sharma, learned counsel for the petitioner assailed the disciplinary proceeding at the interlocutory stage on following grounds: -

(3.) LEARNED counsel for the petitioner submits that the petitioner demanded certain documents by application dated 10.5.2013 (Annexure P -12), which has not been supplied to the petitioner and therefore, principles of natural justice and right to defend effectively is taken away. It is contended that the petitioner preferred application for appointment of a defence assistant of his own choice. It is submitted that the said application was rejected and, therefore, the petitioner has not been permitted to engage anybody as defence assistant. The enquiry stands vitiated on this score alone. Lastly, it is submitted that Shri Dagla is the complainant in the matter. He be permitted to be cross -examined by the petitioner before recording the evidence of other prosecution witnesses.