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    VIGEYE Vani Article

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    ROHIT KUMAR
    The document discusses the rules governing the engagement of defence assistants in disciplinary proceedings for Central Services officers. Rule 14(8)(a) of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 allows an officer to take the assistance of another government servant as their defence assistant, unless the presenting officer is a legal practitioner or the disciplinary authority permits a legal practitioner. Engagement is limited to three cases at a time and retired government servants can also be engaged per Rule 14(8)(b). However, public sector undertakings have their own conduct rules. When an officer from a public sector undertaking requested assistance from a retired central government officer, their request was rejected as the PSU rules only allow current employees to act as

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    VIGEYE Vani Article

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    ROHIT KUMAR
    9 views1 page
    The document discusses the rules governing the engagement of defence assistants in disciplinary proceedings for Central Services officers. Rule 14(8)(a) of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 allows an officer to take the assistance of another government servant as their defence assistant, unless the presenting officer is a legal practitioner or the disciplinary authority permits a legal practitioner. Engagement is limited to three cases at a time and retired government servants can also be engaged per Rule 14(8)(b). However, public sector undertakings have their own conduct rules. When an officer from a public sector undertaking requested assistance from a retired central government officer, their request was rejected as the PSU rules only allow current employees to act as

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    The document discusses the rules governing the engagement of defence assistants in disciplinary proceedings for Central Services officers. Rule 14(8)(a) of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 allows an officer to take the assistance of another government servant as their defence assistant, unless the presenting officer is a legal practitioner or the disciplinary authority permits a legal practitioner. Engagement is limited to three cases at a time and retired government servants can also be engaged per Rule 14(8)(b). However, public sector undertakings have their own conduct rules. When an officer from a public sector undertaking requested assistance from a retired central government officer, their request was rejected as the PSU rules only allow current employees to act as

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    9 views1 page

    VIGEYE Vani Article

    Uploaded by

    ROHIT KUMAR
    The document discusses the rules governing the engagement of defence assistants in disciplinary proceedings for Central Services officers. Rule 14(8)(a) of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 allows an officer to take the assistance of another government servant as their defence assistant, unless the presenting officer is a legal practitioner or the disciplinary authority permits a legal practitioner. Engagement is limited to three cases at a time and retired government servants can also be engaged per Rule 14(8)(b). However, public sector undertakings have their own conduct rules. When an officer from a public sector undertaking requested assistance from a retired central government officer, their request was rejected as the PSU rules only allow current employees to act as

    Copyright:

    © All Rights Reserved
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    of 1

    From the Coordination (Policy) Wing, CVC

    Engagement of Defence Assistant in


    Disciplinary Proceedings
    The disciplinary proceedings of Central Services officers are governed by Central Civil Services
    (Classification, Control & Appeal) Rules, 1965. Engagement of defence assistant by the Charged
    Officer (CO) is covered under Rule 14(8) of Central Civil Services (Classification, Control & Appeal)
    Rules, 1965. Rule 14(8)(a) provides that “ The Government servant may take the assistance of any
    other Government servant posted in any office either at the headquarter or at the place where the
    inquiry is held, to present the case on his behalf, but may not engage a legal practitioner for the
    purpose, unless the Presenting Officer appointed by the disciplinary authority is a legal practitioner,
    or, the disciplinary authority, having regard to the circumstances of the case, so permits.”
    Engagement of a Government servant as defence assistant is subject to the condition that a
    Government servant cannot be defence assistant in more than three cases at a time. The Rule also
    provides for engaging a Government servant posted anywhere if the inquiring authority having
    regard to the circumstances of the case, and for reasons to be recorded in writing, so permits. Rule
    14(8)(b) provides for engagement of retired Government servant as defence assistant.
    However, the Public Sector Undertakings (PSUs) of the Central Government have their own Conduct,
    Discipline & Appeal (CDA) Rules and therefore, engagement of defence assistant by CO would be
    governed by the relevant Rules of that particular PSU. In a disciplinary case against an officer of a
    PSU of the Central Government, the CO requested that he may be allowed to use the services of one
    retired officer of the Central Government as his defence assistant. The relevant CDA Rules of that
    PSU permitted a person in the employment of that organization alone to be appointed as defence
    assistant. Hence, the Disciplinary Authority rejected the request on the ground that it was in violation
    of the CDA Rules. The CO filed a Writ Petition under Article 226 of the Constitution of India before
    the High Court of Madras for issue of Writ of Mandamus directing the organization to permit the CO
    to have the assistance of the retired officer in the disciplinary proceeding against him.
    The main contention of the petitioner was that the Rules framed by the PSU do not have statutory
    force and therefore, the petitioner cannot be denied fair inquiry relying on Rules which do not have
    statutory force. The Counsel of the PSU submitted that the petitioner has got no absolute right to have
    an assistance unless the statute or rules/standing orders provide for such right and the refusal to
    grant the assistance of the choice of the petitioner would not amount to violation of natural justice.
    The High Court of Madras vide its order dated 22.1.2016 dismissed the Writ Petition on the
    following grounds:
    i) A delinquent has no vested or absolute right of his choice to claim assistance of a particular
    person unless such right has flown from the relevant statute or rules.
    ii) The CO is bound by the restrictions in law or by statute in representation before the
    departmental proceedings and in such cases, the charge sheeted employee cannot complain
    of violation of principles of natural justice.
    iii) Writ of Mandamus cannot be issued against statutory rules or regulations.

    21

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