IN THE COURT OF THE CIVIL JUDGE

TIS HAZARI COURTS, DELHI

I.A. NO. OF 2001

IN
SUIT NO. OF 2001

IN THE MATTER OF:

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Delhi-110011. Plaintiff

Versus

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Delhi-110057.

And also at

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Delhi-110055. Defendant

APPLICATION ON BEHALF OF THE PLAINTIFF UNDER ORDER XXXIX RULE

2&3 READ WITH SECTION 151 OF THE CIVIL PROCEDURE CODE

1. That the Applicant / Plaintiff has filed the above-mentioned suit in the facts and

circumstances more specifically set out in the Plaint. The same is not being repeated

herein for the sake of brevity. The Applicant/ Plaintiff craves leave to refer to and rely

upon the contents of the same at the time of hearing of this application.
2. That after the suit for Permanent and Mandatory Injunction was filed before this

Hon’ble Court, The Hon’ble Court was pleased to restrain the Defendant from

terminating the service of the Applicant/ Plaintiff without following the due process

of law, by its order dated May 22, 2001.

3. That it was only after the said order that the Defendant appointed an Inquiry Officer

to conduct a ‘Departmental Enquiry’ against the charges alleged by the defendant

against the applicant/plaintiff. By a letter dated October 12, 2001 the

Applicant/Plaintiff was informed about the appointment of the Inquiry Officer. That

in the same letter the Applicant/ Plaintiff was asked to attend the inquiry at the project

office of the Defendant at ……… on 19.10.2001.

4. That under the impression that the applicant /plaintiff will be given full opportunity to

present his defense and all the principles of natural justice would be adhered to, he

sent a reply dated October17, 2001 informing the Inquiry Officer that he will attend

the inquiry proceedings and take up his defense against the Charges which has been

leveled against him.

5. That the Applicant/ Plaintiff under the fear and apprehension that he will not be given

a fair and proper hearing, on November 11, 2001, submitted an application to the

Inquiry Officer for legal representation as he did not have any knowledge of law nor

was he acquainted with such proceedings. That the said application was rejected by
 the inquiry officer by order dated December 12, 2001, after the management

representative objected to the same, clearly violating the principles of natural justice

and making the process a sham. The Inquiry Officer however noted that the

Applicant/Plaintiff may be represented by a ‘co-employee’. Copy of the said order is

annexed hereto and marked as Annexure –P1

6. That the Applicant/Plaintiff after being denied the legal representation and keeping in

mind the fact of the hostility of the management and also the fear that none of his co-

workers will be willing or be in a position to aid him in his defense, for fear of

reprisals from the management, made another application asking for permission to be

accompanied by a friend who would be in a position to aid him in his defense as he

was under the stress and pressure he was going through he will not be in a position

defend himself effectively.

7. That the Inquiry Officer rejected the application of the Applicant/Plaintiff on

22.12.2001, on the grounds that the proceeding is a departmental enquiry and no

outsider can be allowed to assist the Applicant/Plaintiff, which goes against all

principles of natural justice. Annexed hereto and marked as Annexure P-2 is a copy

of the said order.

8. That the departmental enquiry is turning out to be held just for eyewash and the

management or the Inquiry Officer does not seem to have the will or the
 intention to carry out the departmental enquiry in conformity with the principles of

natural justice or follow the due process of law.

9. That this application is bona fide and made in the interest of justice.

PRAYER

In the facts and circumstances stated herein above and in the interest of justice equity and

good conscience, it is most respectfully prayed that this Hon’ble Court may be pleased to:

a) Direct the Inquiry Officer to allow the Plaintiff’s legal representation or to

be assisted by a friend outside the Defendant trust in his defense.

b) Pass any such order or orders as this Hon’ble Court may deem fit and

proper in the facts and circumstances of this case.

AND FOR WHICH ACT OF KINDNESS THE PLAINTIFF AS IN DUTY BOUND

EVER PRAYS

APPLICANT/PLAINTIFF

Through

COUNSEL FOR THE PLAINTIFF

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NEW DELHI-110014