https://www.taxtmi.com/caselaws?id=185216 Article 311 protects a Government servant from removal unless the enquiry affords a reasonable opportunity to defend the charge, and Rule 15(5) of the CCS (CCA) Rules, 1957 gives effect to that safeguard by allowing assistance from another Government servant and, in suitable cases, a legal practitioner. The request for legal assistance was refused on an irrelevant basis, namely that the presenting officer was not a legal practitioner, without addressing the appellant's grievance of facing a trained prosecutor. The appellant was also denied timely permission to secure assistance from another Government servant. These failures breached mandatory procedural safeguards and vitiated the removal order, which was struck down. en-us Tue, 15 Feb 1972 00:00:00 +0530 Thu, 04 Aug 2016 11:47:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=185216 Article 311 protects a Government servant from removal unless the enquiry affords a reasonable opportunity to defend the charge, and Rule 15(5) of the CCS (CCA) Rules, 1957 gives effect to that safeguard by allowing assistance from another Government servant and, in suitable cases, a legal practitioner. The request for legal assistance was refused on an irrelevant basis, namely that the presenting officer was not a legal practitioner, without addressing the appellant's grievance of facing a trained prosecutor. The appellant was also denied timely permission to secure assistance from another Government servant. These failures breached mandatory procedural safeguards and vitiated the removal order, which was struck down. Case-Laws Customs Tue, 15 Feb 1972 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=185216