RBE No. 128/1991: Defence Helper – Law Assistant

No.E(D&A)89 RG6-132, dated 10.07.1991

Sub: Rule 9(13) of RS (D&A) Rules, 1968 – Request of a delinquent railway official for permission to engage a Railway Law Assistant as Defence Helper.

1.     With reference to the clarification contained in Board’s letter of even number dated 10.01.1990 (RBE No. 04/1990), a point has been raised that cases may arise where a Law Assistant has acted as Defence Helper and Charged Officers in the disciplinary cases may go to Court/ CAT, in which event the same Law Assistant may, as part of the Legal Cell, have to function in support of the Railway Administration. Such a situation will lead to an anomalous position, particularly when the Law Assistant may be required to act as Defence Witness before the Court/ CAT. 

2.     There need be no apprehension as mentioned above. Staff of Personnel Branch and Welfare Inspector also handle individual D&A cases and Board have clarified vide letter No.E(D&A)60 RG6-31, dated 17.09.1960 that they must not be debarred from working as Defence Helper except in cases where they have themselves handled a particular individual D&A case. On the same analogy, if any Legal Assistant acts as Defence Helper and the concerned Charged Officer challenges the legality or otherwise of the order passed by the disciplinary authority before CAT, then such a Defence Helper-cum-Law Assistant should not obviously be allowed to handle that particular file. Any other suitable Railway servant may be requested to handle the particular file on behalf of the Railway Administration.

Download Railway Board Circular RBE No.128/1991

Forward reference ⇒ RBE No.