SANT OM PRAKASH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The appellant being partly successful before the learned Single Judge, has filed this Intra Court Appeal questioning the direction issued by the leaned Single Judge in the impugned judgment dated 28.02.2019 in C.W.J.C. No. 13200 of 2017, whereby the matter has been remitted back to the respondent Department for appointing another Disciplinary Authority, who after going through the reply given by the petitioner to the second show-cause notice and other evidence available on record, is to pass a fresh order in accordance with law. The dispute arises out of a disciplinary proceeding against the appellant who has been dismissed from service and has come up before this Court questioning the entire proceedings.

(2.) The main thrust of the argument on behalf of the appellant is that keeping in view the ratio of the judgment of the Apex Court in the case of Roop Singh Negi Vs. Punjab National Bank and others, reported in (2009) 2 SCC 570, the entire departmental inquiry being vitiated and having been found to be so on two occasions, there was no need to remand the matter for a decision afresh.

(3.) To appreciate the facts in brief, one need not go in detail, as the same have been noted in the first round of litigation before this Court, but the chronology deserves to be mentioned in order to appreciate the grievance of the appellant who is facing these proceedings since 2011.