DR. ABHAY PRAKASH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner is aggrieved of initiation of a de novo enquiry by an order contained in Resolution dated 01.09.2016. The consequential order dated 27.09.2016 has also been impugned by the petitioner in the present proceeding.

(2.) Heard.

(3.) Raising a question of jurisdiction of the Government to initiate a fresh enquiry/de novo enquiry on the same set of charges after submission of an enquiry report, Dr. Ashok Kumar Singh, the learned counsel for the petitioner submits that the law does not permit a second enquiry on the grounds mentioned in Resolution dated 01.09.2016. As against the above, Mr. Rajesh Kumar the learned G.P.-V contends that when the enquiry report was found not satisfactory, a fresh enquiry was ordered which, in view of the fact that neither the charge-memo is under challenge nor the enquiry report dated 30.10.2015 has been challenged by the petitioner, cannot be challenged by the petitioner. It is submitted that the fresh enquiry shall also be conducted in terms of the extant rules and following the principles of natural justice and while so, no prejudice would be caused to the petitioner. Referring to the charge-memo dated 16.04.2015 and the Resolution dated 01.09.2016, the learned State counsel states that a fresh enquiry has been ordered on an amended charge-memo.