MANGAL SINGH MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and J.C. to Standing Counsel No. 7 for the respondents and considered the counter-affidavit

(2.) The orders as contained in Annexures 1 and 2 are under challenge whereby and whereunder the disciplinary authority has started a fresh departmental proceeding against the petitioner even after conclusion of the earlier departmental proceeding culminating into exoneration of the petitioner.

(3.) Learned Counsel for the petitioner submitted that the petitioner was earlier proceeded against departmentally and the matter was enquired into and after submission of the enquiry report, the disciplinary authority dropped the departmental proceeding against the petitioner by exonerating him and he was released from suspension vide order as contained in Annexure-5 dated 7-9-2000. Learned Counsel further submitted that the order as contained in Annexure-5 was passed by the disciplinary authority and, therefore, the earlier order passed by the disciplinary authority as contained in Annexure-5 could not have been reviewed vide orders as contained in Annexures 1 and 2.