LAWS(JHAR)-2011-12-69

CHAIRMAN Vs. NAGESHWAR DAS

Decided On December 08, 2011
CHAIRMAN Appellant
V/S
Nageshwar Das Respondents

JUDGEMENT

(1.) By impugned order dated 18th June, 2003, the writ petition of the writ petitioner has been allowed and it has been specifically ordered that "In effect, the petitioner stands reinstated in the services of the Board. However, the case is remitted to the Respondent Board to take a fresh decision, in accordance with law taking into consideration the report submitted by the Enquiry Officer and the question raised by the petitioner in the present case."

(2.) It is submitted by learned counsel for the parties that after the order of this Court, for fresh decision, the Charmian of the Board has dropped the proceeding against the writ petitioner-respondent.

(3.) Learned counsel for the appellants submitted that subsequently passed order by the Chairman is absolutely illegal in view of even impugned order as the impugned order was set aside on the ground that Chairman had no jurisdiction to pass the order and the order could have been passed by the Board. It is submitted that in view of the above the subsequently passed order by the Chairman is illegal.