K.SANTHOSH KUMAR Vs. REGIONAL DIRECTOR

JUDGEMENT

(1.) The petitioner concedes that he is being proceeded against through a Departmental Enquiry by the Lakshmibai National College of Physical Education, Thiruvananthapuram.

(2.) The petitioner's singular contention in this writ petition is that he is entitled to be represented by a counsel of his choice in the enquiry proceedings, since the Enquiry Officer is an Advocate. The petitioner, therefore, prays that the respondents be directed to grant him permission to engage an Advocate or a legally trained person of his choice as defence assistant in the enquiry proceedings, which has been initiated based on Ext.P8 Memo of Charges.

(3.) In response to the afore submissions of Sri.R.Santhosh - learned counsel for the petitioner, the learned Senior Counsel, Sri.Govind Bharathan, instructed by Sri.S.K.Madhu appearing for the party respondents, submitted that this writ petition is not maintainable since the petitioner has not challenged Ext.P13 - which is the order issued by the Disciplinary Authority rejecting the petitioner's request for being represented by a Legal Counsel. The learned Senior Counsel contended that in the absence of any such challenge being mounted in the writ petition, this Court may not grant any of the reliefs sought for.