RAJESH DHANUKA Vs. SUNIL KUMAR SAHA

JUDGEMENT

(1.) This appeal is directed against a judgment and/or order dated 22nd February, 2012 passed by the Hon'ble Single Judge. The Hon'ble Single Judge after hearing the parties was pleased to allow the writ petition with a direction that :--

(2.) The said report was challenged by the writ petitioner before the Court (W.P. No. 45 of 2007) when the Hon'ble Single Judge was pleased to set aside the said report on the ground that although direction was on a particular officer to make the enquiry, the enquiry had in effect being made by a team. The said order of the Hon'ble Single Judge was sustained by the Division Bench in A.P.O. No. 54 of 2011 by a judgment and/or order dated 19th May, 2011. In these circumstances, a memorandum was issued bearing No. 4181/FMR/13L-16/05 dated 27th October. 2011. The said memorandum was challenged before the Hon'ble Single Judge. According to the writ petitioner there was no occasion to cause fresh verification made by the Sub-divisional Controller as his recommendation was confirmed by the District Controller. According to the writ petitioner in absence of any disagreement between these two functionaries a fresh verification by the Sub-divisional Controller was unwarranted.

(3.) It is further case of the writ petitioner that the report of the Deputy Director having been quashed by the Hon'ble Single Judge in the earlier proceeding, the recommendation in favour of the petitioner subsists and there was no occasion to direct fresh verification to be conducted by the Sub-divisional Controller.