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Engagement of an advocate as Enquiry Officer

January 15, 2011 12:41 AM 1
Total Posts: 9
Join Date: August 3, 2010
Rank: Beginner
Post Date: January 1, 1970
Posts: 9
Location: India

Engagement of an advocate as Enquiry Officer

Dear friends,

Ours is govt. of India Enterprise and in the instant case, enquiry against an officer is in progress. An advocate is being engaged as Enquiry Officer in the said enquiry whereas in the service rules for the Managerial employees, it is stipulated that a retired Govt. Servant OR a retired PSU employee OR a Public servant shall be apponted as Enquiry Officer.

My doubt pertains to whether an advocate is a public servant ? if not whether the above enquiry will be vitiated in appointing an advocate as Enquiry Officer in contravention of the relevant provisions of the service rules despite principles of natural justice meticulously observed in the proceedings?.

Kindly enlighten me with your valuable advice in the matter.

Regards

Nandhakumar K.A