TMI Blog1990 (9) TMI 348X X X X Extracts X X X X X X X X Extracts X X X X ..... nst the appellant by the Corporation on certain charges, which if established might lead to appellant's dismissal from service, appellant was entitled to engage the services of a legal practitioner in the conduct of his defence. The proceedings in the inquiry attract and are regulated by the Haryana Civil Services (Punishment and Appeal) Rules,1952. Inquiry Authority, by his order dated 8-8-1989 rejected the prayer made by the appellant even at the initial stage of the inquiry for permission to engage the services of a lawyer. Before the High Court, appellant challenged the proceedings in the inquiry on grounds of denial of natural justice. The High Court dismissed the Writ Petition in limine. The right of representation by la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e properly exercised. The tribunal must not fetter its discretion by rigid bonds. A domestic tribunal is not at liberty to lay down an absolute rule : 'We will never allow anyone to have a lawyer to appear for him. The tribunal must be ready, in a proper case, to allow it. That applied to anyone in authority who is entrusted with a discretion. He must not fetter his discretion by making an absolute rule from which he will never depart.... That is the reason why this Court intervened in Pett v. Greyhound Racing Association Ltd., (1969) 1 QB 125. Mr. Pett was charged with doping a dog - a most serious offence carrying severe penalties. He was to be tried by a domestic tribunal. There was nothing in the rules. to exclude le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gineering Co. Ltd. a question arose whether in an enquiry by management into misconduct of a workman, the workman was entitled to be represented by a representative of the Union. Answering this question this Court observed that a workman against whom an enquiry is being held by the management has no right to be represented at such an enquiry by a representative of the Union though the employer in his discretion can and may allow him to be so represented. In the present case the matter is guided by the Provisions of Rule 7(5) of the Civil Services (Punishment and Appeal) Rules, 1952 which says : 7(5) Where the punishing authority itself enquires into any charge or charges or appoints an enquiry officer for holding enquiry agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and in law must be deemed to be in the position of a legal adviser. In the last analysis, a decision has to be reached on a case to case basis on the situational particularities and the special requirements of justice of the case. It is unnecessary, therefore, to go into the larger question whether as a sequel to an adverse verdict in a domestic enquiry serious civil and pecuniary consequences are likely to ensue, in order to enable the person so likely to suffer such consequences with a view to giving him a reasonable opportunity to defend himself, on his request, should be permitted to appear through a legal practitioner which was kept open in Board of Trustees of. the Port of Bombay v. Dilip- kumar: 1983 (1) SCR 828 : (AIR 1983 SC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with and as many as 13 witnesses have been examined. The Examinationin- Chief as well as such cross-examination as the appellant himself attempted are on record. They shall remain part of the record. The Examination-in-Chief of these witnesses is not vitiated by a reason alone of the circumstance that the appellant did not then have the assistance of a lawyer to crossexamine them. The situation could be remedied now by tendering the witnesses for further cross-examination by a lawyer to be engaged by the appellant. In order that further protraction of the inquiry proceedings is avoided we required the appellant to state the names of the witnesses he wants to be so tendered for further cross-examination. Appellant has filed a list of ei ..... X X X X Extracts X X X X X X X X Extracts X X X X
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