DUSHASHAN BAG Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard Mr. S.P. Swain, learned counsel for petitioner and Mr. R. Mishra, learned AGA for O.Ps.

(2.) Short question involved herein is as to when the Rule 15(5) of the Orissa Civil Services (C.C.A) Rules, 1962 hereinafter in short be called as "the Rules, 1962" permits a Government servant to take assistance of a legal practitioner to present his case before the inquiring authority and when the Disciplinary Authority has already permitted the delinquent to take assistance of a legal practitioner, whether the inquiring officer is justified in rejecting the claim of the petitioner in the matter of engagement of legal practitioner on behalf of him?

(3.) Taking this Court to the plea taken in the communication vide Annexure-7 Mr. Swain, learned counsel for petitioner submitted that since the Department is examining Officers higher in position than the petitioner appearing as department witnesses, petitioner being a Constable is feeling insecure to cross examine and/or putting questions to the witnesses(s) and it is, only on this context, the delinquent prayed for taking assistance of legal practitioner.