I want to file WP under public law remedy
Fact of the case:
I was Senior Manager in Central Bank of India.On 14/06/2013 the charge-sheet was served to me.I was not provided with defence representative but asked to search myself from the working officers of the Bank in terms of Regulation 6 (7).
Regulation 6 (7)-The officer employee may take the assistance of any other officer employee but may not engage a legal practitioner for the purpose, unless the Presenting Officer appointed by the Disciplinary Authority is a legal practitioner or the Disciplinary Authority having regard to the circumstances of the case, so permits."
Note:
The officer employee shall not take the assistance of any other officer employee who has two pending disciplinary cases on hand in which he has given assistance
.
Thereafter, the I tried my level best to procure a competent Defence Representative (DR) to defend/assist/represent/help me in the departmental inquiry, but despite my best efforts I could not procure the same, as the fear psychosis, at the relevant time, was built in the mind of my co-Officer/s, that, if any of them will defend/assist/represent/help me, such a person would be harassed and victimized by the management.
It is pertinent to mention, when ,despite my best efforts, I could not procure a competent DR to defend/assist/represent/help me in the departmental inquiry proceedings,I wrote several letter/s to Disciplinary Authority and inter alia requested on various genuine and legitimate grounds including facts and circumstances of the case:
a). To pass speaking/reasoned order in all the matter/s.
b)- To permit me to approach competent court of law.
c)- To grant permission me to be represented (which is a Human Right) in a Disciplinary Proceedings by:
i. A lawyer, or
ii. A Retired staff/officer of Central Bank of India, or
iii. A staff /officer of other Public Sector Bank, or
iv. A retired staff /officer of other Public Sector Bank, or
v. To provide the defence counsel of Bank’s/DA’s choice.
d). To grant permission to go to my hometown/home state (Jhansi/Uttar Pradesh) only for 3 days i.e [deleted] to [deleted] to search for a Competent DR to defend in Disciplinary Proceedings .
e). To remove the stipulation contained in the suspension order dated [deleted], that I cannot leave the station without permission in writing from the Management, so as to enable me to search for a Competent DR for my defence.
f). To change/replace PO.
g). To grant permission to approach the competent court of law/judicial forum for intervention so that the Court/judicial forum may hold the preliminary inquiry in the matter/s and determine the validity of my objection/s and/or demand/s raised and/or request/s made by me so far before DA and/or IA and also for redressal of his other related grievance/s.
h). To give ‘Personal Hearing’ in the matter.
However, everything was denied and i went undefended-viol. of art.21