SAMBUDDHA CHAKRABARTI, J. - (1.) THE facts leading to the present case and the various aspects related thereto raise several issues, at times with dimensions beyond the scope of the present writ petition. As such they deserve a thorough examination and must be viewed from a holistic stand, not necessarily circumscribed by the factual aspects of the case.
(2.) IF viewed naively this writ petition may be considered as one like many its sort directed against a disciplinary proceeding resulting in compulsory retirement of the petitioner from service. But the questions that have cropped up in course of hearing and upon examination of the records of the proceeding travel far beyond a former employee 's assertion about the conduct of the enquiry and the respondents ' effort to justify it. In fact, they touch on broader issues of fundamentals of service jurisprudence, eminence of inalienable right of defence and certainly the extent to which an employer may be permitted to scuttle that right, if at all. But for that a brief resume of the facts is necessary.
(3.) THE petitioner was the Assistant Director, Training of the respondent no. 1, i.e., the Board of Practical Training (Eastern Region) (the 'Board ' for short), a society under the Ministry of Human Resource Development and as such an authority under Article 12 of the Constitution of India. There was a matrimonial dispute in the life of the petitioner which resulted in lodging of mutual criminal cases. The wife of the petitioner brought a charge of bigamy and cruelty against her husband to the police authorities. The Board got this information from the police and placed him under suspension. The petitioner in this writ petition alleges that in the month of March, 2001 he fell very seriously ill and when he went to join the office with the medical certificate on April 20, 2001 he was served with an order of suspension. This was followed by a memorandum, dated May 17/22, 2001 whereby the petitioner was informed that the authorities proposed to hold an enquiry against him under Rule 14 of the Central Civil Services (Classification, Control and Appeals) Rules, 1965 (CCS(CCA) Rules, for short).;