1 2025:CGHC:39625 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10907 of 2019 1 - Yadram Yadav S/o Bholaram Yadav Aged About 56 Years Constable, G.D. No. 810480147, Crpf Kondagaon District Kondagaon Chhattisgarh., District : Kondagaon, Chhattisgarh ... Petitioner versus 1 - Union Of India Through Director General Of Police Cgo Complex Road, New Delhi., District : New Delhi, Delhi 2 - Inspector General Of Police Through Central Reserve Police Force, Office Of Inspector General Of Police , Crpf Agartala Tripura., Tripura 3 - Commandant 188 Battalion Crpf Kondagaon District Kondagaon Chhattisgarh., District : Kondagaon, Chhattisgarh ... Respondent For Petitioner : Mr. Anup Majumdar, Adv. For Respondents : Mr. Ramakant Mishra, Dy. Solicitor General with Mr. Rishabh Dev Singh, Adv. Mr. Shailendra Singh, Commandant, CRPF, Bilaspur is also present. (Hon’ble Mr. Naresh Kumar Chandravanshi, J) Ord er on Board 07/08/2025 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India seeking following reliefs :- 10.1 That, the Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner. 10.2 That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to provide the Digitally signed by AVANISH KUMAR PATHAK Date: 2025.08.08 17:35:22 +0530 2 documents related to the departmental enquiry of the petitioner. 10.3 That, the Hon'ble Court may kindly be further pleased to direct the respondent authorities to allow the petitioner to nominate his desirable defence assistant. 10.4 Any other relief in the discretion of this Hon'ble Court. 2. Learned counsel for the petitioner would submit that, this writ petition may be disposed of directing respondent authorities to provide documents, as has been mentioned in list of documents annexed with the charge sheet. He further submits that, the Central Reserve Police Force Rules, 1955 is silent in respect of appointment of Defence Assistant by delinquent officer/employee and Circular dated 23-5-2018 issued by the Director General, CRPF restricts appointment of Defence Assistant from restricted area i.e. from same Unit/Establishment or nearby Unit/ Establishment, below the rank of Assistant Commandant, whereas, being subordinate to the respondent authorities, Defence Assistant appointed by the petitioner from the same Unit or nearby Unit/Establishment could not defend the petitioner as, he may have under pressure of respondents/authorities. He further submits that, it has been settled by Hon’ble Apex Court in the case of Union of India Vs. Ram Lakhan Sharma [(2018) 7 SCC 670] that, where, Rules are silent with regard to applicability of any facet of principles of natural justice, the principal of natural justice and fair play may be given due observance. The petitioner wants to appoint Mr. Indrapal Chauhan, Retired Constable as his Defence Assistant. Thus, he prays that by allowing aforesaid two prayers, this 3 petition may be disposed of. 3. Learned counsel appearing for the respondents would submit that, they are ready to provide all the documents mentioned in the list of documents annexed with the charge sheet to the petitioner and they have also no objection with regard to appointment of Indrapal Chauhan, Retired Constable, by petitioner as his Defence Assistant. Rather, he submits that, respondents will permit the petitioner for the same. 4. In view of above undertaking given by learned counsel appearing for the respondents, this petition is disposed of, directing the respondents to permit the petitioner to appoint Mr. Indrapal Chauhan, Constable as his Defence Assistant and, to provide the documents to the petitioner mentioned in list of documents annexed with the charge sheet, within a period of 30 days from today. It is further observed that, during the course of departmental enquiry proceeding, if any other document is filed by the department relying on the same, then such document shall also be provided to the petitioner prior to filing of the same. It is made clear that, the documents received by the petitioner, shall be acknowledged by him. 5. With the aforesaid direction and observation, this writ petition stands disposed of. 6. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) JUDGE Pathak