IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 30-07-2008 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.27621 of 2006 (T) O.A.No.2159 of 1996 D.Dravidaselvan .. Petitioner. Versus 1.The Superintendent of Police, Periyar District, Erode. 2.The Deputy Superintendent of Police, Gobichettipalayam, Periyar District. .. Respondents. Prayer: This petition has been filed seeking for a writ of Certiorarified Mandamus, to set aside the order of the 2nd respondent namely the Deputy Superintendent of Police, Gobichettipalayam, in P.R.No.138/J1/95, dated 14.11.95, and consequently direct the respondents to grant permission to the applicant for engaging an advocate to represent him, to peruse the records and to cross examine the witnesses in the enquiry conducted by the 2nd respondent against the applicant under Rule 3(b) of the Tamilnadu Police Subordinate Service (D and A) Rules, 1955. For Petitioner : Mr.V.Nicholas For Respondents : Mr.T.Seenivasan Additional Government Pleader O R D E R Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 2. The petitioner has stated that he was a Grade II Police Constable in Kunnathur Police Station, Periyar District. While so, he was placed under suspension, on 20.7.95, and a charge memo had been issued to him on 9.10.95, under Rule 3(b) of the Tamilnadu Police Subordinate Service (Discipline and Appeal) Rules, 1955, stating that the petitioner who was one of the members of the police party, which had raided the house of one Govindammal, on 19.7.95, as part of the prohibition raid. When the police party had left the house of Govindammal, the petitioner had committed theft of a gold chain worth Rs.11,100/-, Rs.3105/- in cash and a wrist watch worth Rs.300/-. Based on the identification parade, the complainant had identified the stolen watch worn by the petitioner, https://hcservices.ecourts.gov.in/hcservices/ based on which he was arrested and sent for remand. The stolen properties were seized under a cover of mahazar duly attested by witnesses. Therefore, the petitioner was charged of grave misconduct, unbecoming of a person employed in the police department. Based on the complaint made against the petitioner, a case has been registered in Crime No.552 of 1995, under Section 380 of the Indian Penal Code. Further, it was stated that an oral enquiry would be conducted by the Deputy Superintendent of Police, Gobi. Since, it was proposed that 27 witnesses would be examined on the side of the prosecution and 31 documents marked, to prove the charge against the petitioner, the petitioner had requested the second respondent to permit him to take the assistance of an advocate to cross examine the witnesses. However, the second respondent by his order, dated 14.11.95, rejected the request of the petitioner on the ground that the charges against him were straight and that they do not involve any technical problem. In such circumstances, the petitioner has filed an original application before the Tamil nadu Administrative Tribunal in O.A.No.2159 of 1996, which has been transferred to this Court and re-numbered as W.P.No.27621 of 2006. 3. By an order, dated 22.4.96, the Tamilnadu Administrative Tribunal had granted interim stay of the departmental proceedings and the interim order of stay was extended until further orders, on 6.5.96. 4. Though no reply affidavit has been filed on behalf of the respondents, the learned counsel appearing on behalf of the respondents had submitted that there is no vested right in the petitioner to demand the provision of an Advocate or a legally trained person to defend the petitioner during the departmental proceedings. Unless, the petitioner is able to show that the issues that arise during the disciplinary proceedings are of a legally complicated or intricate nature requiring the assistance of a legally trained person, the petitioner cannot seek permission for legal assistance to defend himself. In the present case, no such intricate or complex legal issues are involved. Further, no legally trained person, has been engaged by the Department, to pursue the charges levelled against the petitioner. 5. Considering the averments made on behalf of the petitioner, as well as the respondents, this Court is of the view that the petitioner has not shown sufficient cause or reason to substantiate his claim for assistance from a legally trained person. Unless the petitioner is in a position to show that complicated legal issues are involved, he cannot be in a position to demand such assistance. Further, it is not the case of the petitioner that the respondent department is assisted by a legally qualified person. 6. In D.G., Railway Protection Force and others Vs. K.Raghuram Babu ((2008)4 SCC 406), the Supreme Court had held as follows: "Ordinarily in a domestic/departmental enquiry, the person accused of misconduct has to conduct his own case. Such an inquiry is not a suit or a criminal trial where a https://hcservices.ecourts.gov.in/hcservices/ party has a right to be represented by a lawyer. It is only if there is some rule which permits the accused to be represented by someone else, that he can claim to be so represented in an inquiry. There is no vested or absolute right in any charge-sheeted employee to representation either through a counsel or through any other person unless the statute or rules/Standing Orders provide for such a right. Moreover, the right to representation through someone, even if granted by the rules, can be granted as a restricted or controlled right. Refusal to grant representation through an agent does not violate the principles of natural justice." 7. Thus, it is clear that legal assistance cannot be claimed as a matter of right, unless the necessary conditions exist for making such a demand. 8. In such circumstances, the relief sought for by the petitioner cannot be granted by this Court. Hence, the writ petition stands dismissed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. csh To 1.The Superintendent of Police, Periyar District, Erode. 2.The Deputy Superintendent of Police, Gobichettipalayam, Periyar District. 1 cc to Mr.v. Nicholas, Advocate, sr. 42079 1 cc to Government Pleader, SR. 41604 Writ Petition No.27621 of 2006 RS (CO) kk 12/8 https://hcservices.ecourts.gov.in/hcservices/