HABIZUR RAHMAN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This intra-court appeal is filed by the appellant being aggrieved with the order dtd. 12/12/2022 whereby the learned Single Judge while disposing of the writ petition filed by the petitioner has granted liberty to the petitioner to give reply to the Enquiry Report with a further direction to the Disciplinary Authority to pass its own reasoned order. Simultaneously, the learned Single Judge has refused to interfere the order dtd. 11/12/2014 impugned in the writ petition, whereby the appellant was compulsorily retire from service after a departmental enquiry.

(2.) The learned Single Judge has observed that the order dtd. 11/12/2014 retiring the appellant compulsorily will remain subject to the fresh order passed by the Disciplinary Authority. The learned Single Judge has further clarified that the ground taken by the appellant to the effect that the Presenting Officer has also acted as Enquiry Officer be treated as foreclosed and the petitioner can submit his reply by taking any other ground other than the aforesaid ground.

(3.) The learned counsel for the appellant has submitted that he is only aggrieved by the direction of the learned Single Judge whereby it has foreclosed the right of the petitioner to raise the ground that the Presenting Officer and the Enquiry Officer is the same in the Disciplinary Proceeding against the appellant.