Retired Employee can act as Defence Counsel upto seven DAR cases

Date
Circular Subject
Retired Government servants appearing as defence assistants – conditions regarding.

 

The staff side in the National Council (JCM) had made a demand for enhancing the ceiling on the number of cases a retired Government servant can take up as Defence Assistant. In the light of the discussion in the meeting of the National Council in this regard, it has been decided to raise the limit of cases from five to seven. Hence in supersession of the earlier order on the subject, it has been decided in terms of rule 14 (8) (b) of the CCS (CCA) Rules, 1965 that the Government servant concerned may take the assistance of a retired Government servant subject to the following conditions :-
 

(i) The retired Government servant concerned should have, retired from service under the Central Government.
 

(ii) If the retired Government servant is also a legal practitioner, the restrictions on engaging a legal practitioner by a delinquent Government servant to present the case on his behalf, contained in Rule 14 (8) of the CCS (CCA) Rules, 1965 would apply.
 

(iii) The retired Government servant concerned should not have, in any manner, been associated with the case at investigation stage or otherwise in his official capacity.
 

(iv) The retired Government servant concerned should not act as a defence assistant in more than seven cases at a time. The retired Government servant should satisfy the inquiring officer that he does not have more than five cases at hand including the case in question.

kindly clarify if a retired railway employee of one zonal railway can defend the case of charged official of another zonal railway when the retired railway employee is domiciled in the zone in which the charged official is working. the issue is ambiguous and not specifying the issue.

 

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