NAWAL KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has sought quashing of the order dated 04.04.2017 passed by the District Judge, Nalanda contained in Memo No. 2780 dated 06.04.2017 in Departmental Inquiry No. 1 of 2002 whereby the Inquiry Report against the petitioner was found to be unsustainable in the eyes of law and was rejected and simultaneously a de novo enquiry has been ordered to be conducted. The order further declares that during enquiry, the petitioner shall remain suspended with subsistence allowance. One Judicial Officer has been appointed as an Inquiry Officer and another Judicial Officer has been made a Presenting Officer. The venue and timing of enquiry has also been indicated in the aforesaid order.

(2.) The further prayer of the petitioner is for his reinstatement on the post of Clerk in the Judgeship of Nalanda.

(3.) The major challenge to the aforesaid order is on the ground that the learned District Judge, Nalanda, who is the Disciplinary Authority has exceeded the brief in as much as the Appellate Authority i.e. the High Court had directed him to conclude the enquiry from the stage of Inquiry Report and had not directed him to initiate a de novo enquiry.