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Tainted official gets a lawyer, victim struggles

A departmental enquiry instituted against IAS officer D.K. Rangaswamy into charges of sexual harassment of a widow is in the news again. In an unprecedented move, the state government has allowed the IAS officer to appoint an advocate in his defence during the enquiry. Interestingly, former CM B.S. Yeddyurappa who had ordered the enquiry against Mr Rangaswamy also allowed the officer to appoint the advocate!

The All-India Service rules 8 (9) (a) states, “The member of the service may take the assistance of any government servant to present the case on his behalf, 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.”

But Mr Yeddyurappa justified the decision, saying Mr Rangaswamy explained the ‘special reasons’. At the same time, the victim, R. Yamini, is fighting the case since 2008 and has appeared before the enquiry committee four times. She, too, has requested for an advocate, but not with much success.

Yamini told Deccan Chronicle, “They didn’t allow anyone to be present during the enquiry and there was not a single woman in the hall. The IAS officer was there with his advocate. After my repeated requests, they allowed me to take a woman advocate during the last hearing, but Rangaswamy’s advocate cautioned her not to speak. Neither the presenting officer nor the inquiry officer objected. The enquiry committee is in a hurry to come to a conclusion, and is unwilling to consider me as a complainant, but as a witness, while my application before the chief secretary for an advocate is still pending.”

Ms Yamini has also filed a complaint before the Election Commission that Mr Rangaswamy, when he was the Bengaluru Rural district deputy commissioner, misused a designated phone line from the Election Commission to make calls to her. She has attached call details obtained through RTI with the complaint.
The government ordered the enquiry against Mr Rangaswamy in September 2010 and appointed a retired sessions court judge as the inquiry officer. Both the inquiry officer and presenting officer were changed during the course of the investigation. Now, retired sessions court judge Raghavendra Rao has been appointed the inquiry officer, while Richard Lobo, joint secretary, is the presenting officer.

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