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HIGH COURT OF DELHI
W.P.(C) No. 3621/2011 & CM No. 7575/2011(Stay)
5th September, 2013 MADHU BHARTI ......Petitioner
Through: Petitioner in person.
Through: Mr. Reeta Kaul, Adv. for R-1 Mr. Anil Gera, Adv. for R-2 and 3.
Mr. S.C.Meena, DEO Zone-27.
To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL)
JUDGMENT
1. Petitioner who is present before me states that she needs assistance of a Defence Assistant for the purpose of conducting proceedings on her behalf in the departmental proceedings. There is no bar in law for a person to have a defence assistant. Of course, the defence assistant cannot be a lawyer in the departmental proceedings however, surely any employee of the school, in which the petitioner is working, can be appointed by the petitioner as a defence assistant to assist her or to conduct the case on her behalf in the 2013:DHC:4426 departmental proceedings. Due representation is in fact a fundamental facet of the principles of natural justice because some people may not be that articulate enough or not that competent enough to represent themselves in the departmental proceedings. Therefore, this writ petition is disposed of with the directions that though the petitioner cannot have any legal practitioner as the defence assistant, however, she will be entitled to take any person who is working in the respondent-school represented by respondent nos. 2 and 3, to assist her or conduct her case in the departmental proceedings.
2. I do not think that any of the judgment which is cited on behalf of respondent nos. 2 and 3 i.e Mrs. Meemansa Dixit Vs. Director of Education & Ors. MANU/DE/9442/2006 and Samarth Shiksha Samiti (Regd.) Vs. Directorate of Education & Anr. 180(2011) DLT 93 lay down law that a person in the departmental proceedings is not entitled to a defence assistant. Both judgments only state that a lawyer cannot become a defence assistant on behalf of the charged employee in the departmental proceedings. Therefore, the judgments relied upon on behalf of respondent nos. 2 and 3 do not help for contending that petitioner is not entitled to a defence assistant.
3. Accordingly this writ petition is disposed of with the direction that petitioner will be entitled to engage a defence assistant as per rules and who can be any of the employees of the school M/s S.D.Hari Mandir Girls Sr. Sec. School, Deshraj Bhatia Marg, Nabi Karim, New Delhi-11005. Parties are left to bear their own costs.
SEPTEMBER 05, 2013 VALMIKI J. MEHTA, J. ib