AMAR DAS Vs. STATE OF TRIPURA AND ORS.

JUDGEMENT

(1.) In the present writ petition, the petitioner is assailing the order of the Revisional Authority being No. F.11. (46)-GA(AR)/06/1400-1402, dated Agartala, the 8th September, 2009 for remanding the disciplinary proceedings drawn up against him to the Disciplinary Authority to conduct further inquiry into the matter after recording evidence of all the material witnesses of the case hitherto not examined, on the ground that a fresh inquiry (second inquiry) on identical charge is impermissible. The relevant portions of the order being No. F.11 (46)-GA(AR)/06/1400-1402, dated Agartala, the 8th September, 2009 read as follows:

(2.) Now the question posed for consideration in the present writ petition is; whether the revisional authority issued the impugned order dated 8.9.2009 for remanding the disciplinary proceeding which was drawn up against the petitioner to the Disciplinary Authority to conduct further inquiry into the matter or, whether the Revisional Authority under the impugned order dated 8.9.2009 had remanded to the Disciplinary Authority for conducting a fresh inquiry (second inquiry) on identical charge or not.

(3.) Heard Mr. D.K. Biswas, learned Counsel for the petitioner and also Mr. S. Deb, learned senior counsel assisted by Mr. B. Dutta, learned Counsel for the respondents.