This disposition permits the petitioner, an employee facing a disciplinary enquiry, to engage a lawyer at her cost because the enquiry officer was a retired judge. The court also directed the enquiry to be completed within three months.
Permission granted to engage a lawyer; Enquiry completed within three months; Quash order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2015
CORAM:
THE HON'BLE MR.JUSTICE D. HARIPARANTHAMAN
W.P.No.31667 of 2014 & M.P.No.1 of 2014
Selvi .. Petitioner
vs. 1. The Enquiry Officer, No.223, New Additional Law Chambers, High Court, Chennai - 104.
PRAYER : Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus calling for the records relating to the order passed by the first respondent dated 19.11.2014 and quash the same and consequently direct the first respondent to permit the petitioner to engage a lawyer of her choice to defend in the departmental enquiry against her and also conduct the enquiry in a place outside the place of the second respondent.
For Petitioner : Mr.A.Sirajudeen For Respondent : NA for R1 Mr.Mohamed Ghouse O R D E R
The petitioner is a Sweeper employed in the second respondent College, Aided College. A disciplinary enquiry is pending against her. The issue is relating to the change of venue and the assistance of a lawyer to assist her in the enquiry at her cost.
have the assistance of a lawyer, when this Court pointed out that since the college has appointed an Assistant Professor of Commerce to present the case of the college it is better to permit the petitioner to engage a counsel, he has agreed for the same.
"30. In view of the law laid down by this Court, we are of the view that if any person who is or was a legal practitioner, including a retired Hon'ble Judge is appointed as Inquiry Officer in an inquiry initiated against an employee, the denial of assistance of legal practitioner to the charged employee would be unfair."
Sd/-
Assistant Registrar
True Copy
Sub Assistant Registrar
gg
To
The Enquiry Officer, No.223, New Additional Law Chambers, High Court, Chennai - 104.
1 cc to Mr.A.Sirajudeen , Advocate Sr.No.29780
W.P.No.31667 of 2014
ggk(co) pmk.31.7.2015
3 issues framed by the court
Whether to permit the petitioner to engage a lawyer to assist her in the departmental enquiry.
Whether to direct the Enquiry Officer to complete the enquiry within a specific period.
Whether to quash the order passed by the first respondent.
Colour shows how this judgement treated each authority
Professor Ramesh Chandra V. University of DelhiReferred¶16
Professor Ramesh Chandra V. University of Delhi, reported in 2015 (2) MLJ 219
1 provisions across 1 enactments
Selvi
The Enquiry Officer
The Secretary and Correspondent, The Quaide Milleth College for Men
D. Hariparamthan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
