Service Matters- Departmental Enquiry - Permission to defend through legal practitioner -Denial of the assistance of a legal practitioner in inquiry proceedings.

Hon’ble Gujrat High Court in the case of Divyesh Govindbhai Kunvariya v. State of Gujarat, (Gujarat), Special Civil Application No. 12000 of 2022. D/d. 09.01.2023 has held that there is no absolute bar in appointing a legal practitioner in the disciplinary proceedings by the delinquent - Petitioner was serving as Assistant in City Civil Court, Ahmedabad - Inquiry Officer himself was a City Civil Judge and expert in the legal proceedings - Petitioner will have to face the legal acumen of the City Civil Judge, who was appointed as an inquiry officer - In order to defend himself in the proceedings which include the examination of witnesses and the documents Denial of a legal practitioner to him for taking the assistance on such issue will be absolutely unfair - Order quashed - Permission granted for the same. 

Click here to read the whole judgment




Post a Comment

0 Comments