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:
………………………….
………………………….
………………………….
Delhi-110011. Plaintiff
Versus
………………………….
………………………….
………………………….,
Delhi-110057.
And also at
………………………….
………………………….
………………………….,
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
……………………….
……………………….,
……………………….,
NEW DELHI-110014
