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Issues involved: The right to engage a legal practitioner in a disciplinary inquiry u/s Haryana Civil Services (Punishment and Appeal) Rules, 1952.
Summary: The Supreme Court considered the case of a Company Secretary facing a disciplinary inquiry by the Haryana Seeds Development Corporation Ltd. The main issue was whether the appellant had the right to engage a legal practitioner in his defense during the inquiry. The Court examined the principles of natural justice and discretion of domestic tribunals regarding legal representation. The Court noted that the Corporation was represented by a legal professional, and the rules allowed for legal representation in serious cases likely to result in dismissal from service. The Court held that the denial of the appellant's request for a lawyer in the inquiry was a failure of natural justice, especially when the Presenting Officer had legal expertise. The Court emphasized the importance of ensuring a fair defense, particularly when facing a legally trained opponent. To remedy the situation, the Court allowed the appellant to engage a lawyer for further cross-examination of witnesses. The inquiry was directed to continue promptly, with the appellant's lawyer permitted to cross-examine witnesses and present arguments. The Court set a timeline for the completion of the inquiry within one month from a specified date. In conclusion, the Court disposed of the appeal without costs, emphasizing the importance of upholding natural justice in disciplinary inquiries and ensuring a fair opportunity for defense.
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