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march 2008

Supreme Court of India · 2008-03-03

D.G. Railway Protection Force & Ors vs K. Raghuram Babu

Citation / case number
AIR 2008 SUPREME COURT 1958
Court
Supreme Court of India
Petitioner
D.G. Railway Protection Force & Ors
Respondent
K. Raghuram Babu
Author
Markandey Katju
Bench
H. K. Sema, Markandey Katju

Judgment text excerpt

The Supreme Court held that Rule 153(8) of the Railway Protection Force Rules, 1987, which restricts the accused from being represented by a legal practitioner during departmental inquiries, is not unconstitutional. The Court emphasized that in domestic inquiries, the accused must conduct their own case unless a specific rule allows representation. The Court overturned the Andhra Pradesh High Court's Full Bench decision that deemed Rule 153(8) unreasonable, affirming that the right to cross-examine witnesses and address the Inquiry Officer lies with the charge-sheeted employee alone, not their friend or legal practitioner.

D.G. Railway Protection Force & Ors vs K. Raghuram Babu · Niyam