JAGABANDHU TRIPATHY Vs. DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) The petitioner in this writ petition calls in question the order dated November 20, 2002 passed by the District Judge, Khurda at Bhubaneswar in D.P. No. 5 of 1999 directing for a fresh enquiry into the charges levelled against him.

(2.) The petitioner's case, in short, is that the aforesaid departmental proceeding was initiated against him on the basis of the charges videAnnexure-2 and the Chief Judicial Magistrate, Khurda was appointed as the Enquiring Officer. On conclusion of the enquiry, the Enquiring Officer submitted a report opining that the charges are unfounded and could not be brought home to the delinquent. However, on receipt of the report, the Disciplinary Authority-opposite party No. 1 has passed an order on November 20, 2002 directing to cause fresh enquiry into the charges. On the basis of the said order, the letter under Annexure-1 has been issued which is impugned in this writ petition.

(3.) A counter affidavit has been filed by the opposite parties stating therein that the direction for fresh enquiry was absolutely just and proper. As the order of the Disciplinary Authority was not available in the records, the learned Additional Government Advocate was directed to produce the records of the relevant disciplinary proceeding. Pursuant to such direction, the records of the Disciplinary Proceeding has been produced and we have perused the same.