- (1.) The writ petitioner, in my opinion, has made one prayer in this writ. He wants to be represented by a lawyer in the enquiry proceeding [E.C. No. 1 of 2014].
(2.) Mr. Saptangsu Basu, learned senior advocate for the department, has very seriously opposed the application. His submissions are noted below :
(3.) Mr. Basu has shown me Rule 10[5][iii] of the West Bengal Service Rules. This rule says that only if the presenting officer is legally trained, then only a government servant, against whom departmental proceedings have been instituted, can take legal assistance. But the rule does not exclude the disciplinary authority to allow engagement of a legal practitioner to defend an allegedly delinquent employee having regard to the circumstances of the case. Amongst others, these special circumstances were highlighted by the Supreme Court in J.K. Aggarwal vs. Haryana Seeds Development Corporation Ltd. & Ors., 1991 AIR(SC) 1221. The Court opined "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 the case.";