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Judgment
W. Diengdoh, J
Heard Mr. P. Yobin, learned counsel for the petitioner.
Mr. K.P. Bhattacharjee, learned GA has entered appearance on behalf of the State respondents No. 1 & 2.
Learned counsel for the petitioner has submitted that this is an application seeking for extension of the inquiry period as regard an inquiry contemplated to be carried out against the respondent No. 3 herein and in the process of such inquiry, an Inquiry Officer was appointed who, because of circumstances beyond his control could not hold the said inquiry in time and for which the petitioner disciplinary authority has now appointed a new Inquiry Officer to conduct the inquiry against the said respondent No. 3/Delinquent Officer. The only impediment is with regard to the order of this Court, wherein a time frame was allowed for the said inquiry to be completed within 15.01.2023.
Since the inquiry could not be completed within the said period as directed by this Court, this application is preferred seeking further time for the inquiry to be completed.
On consideration of the submission made, though it would be appropriate for the respondent No. 3/Delinquent Officer to be present in Court today, however since it is submitted at the bar by the learned counsel for the petitioner that even as regard the previous inquiry, the Inquiry Officer therein had not even cause issuance of notice to the respondent No. 3/Delinquent Officer, therefore the change of an Inquiry Officer would not matter much under the circumstances and accordingly, this Court would allow the petitioner disciplinary authority to proceed with the said inquiry. The period for such inquiry is now extended to 2(two) months from the date of receipt of this order.
It is expected that the petitioner disciplinary authority would take immediate steps for issuance of notice upon the respondent No. 3/Delinquent Officer as regard the inquiry proceedings.
In view of the above, MC[WP(C)] No. 1 of 2023 is accordingly disposed of.