RAM AVTAR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. R. K. Rath, Learned Counsel for the petitioner and Mrs.' Bharati Dash, Learned Additional Standing Counsel for the Central Government.

(2.) INITIALLY , this Writ Petition was filed by the petitioner with a prayer to quash the Department Proceeding initiated against him by the opposite parties, to declare the ex parte enquiry as violative of the principles of natural justice in which the petitioner was not allowed to engage a Defence Assistant to defend his case and to direct the opposite parties to hold a fresh and impartial enquiry in the Departmental Proceeding.

(3.) THE brief facts of the case are that the petitioner was a member of the Central Reserved Police Force which is governed under the Central Reserve Police Force Act, 1949 and the Rules made thereunder, i.e., Central Reserve Police Force Rules, 1955. Disciplinary proceeding was initiated against the petitioner under Section 11(b) of the Act. At this stage, it is not necessary to discuss all these things. In short, during the course of enquiry, the petitioner desired to allow him to take assistance of a person of his choice for the purpose of his defence. His proposed defence against was Gopinath Pattnaik. But the Enquiring Officer refused the said request on the ground that Shri Gopinath Pattnaik; OPS -1 is not a retired Central Government Servant.