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Judgment
Heard Mr. HS. Paonam, learned senior counsel appearing for the petitioner.
Mr. RK. Umakanta, learned Government Advocate accepts notice on behalf of all the respondents, hence, no formal notice is called for.
The simple case of the petitioner is that a disciplinary enquiry has been initiated against the petitioner and during the course of the disciplinary enquiry,
the Enquiry Officer submitted a report to the Disciplinary Authority that the charges against the petitioner are not held proved. On receiving the said
enquiry report, the Disciplinary Authority issued the impugned order dated 18.01.2021 to the effect that he is not satisfied with the findings submitted
by the Enquiry Officer and accordingly, appointed a new Enquiry Officer for re-enquiring into the matter.
Relying on the judgment rendered by the Apex Court in the case of
“Vijay Shankar Pandey V. Union of India and Another reported in (2014) 10 SCC 589â€, it has been submitted by the learned senior counsel that
the Disciplinary Authority has no authority or power for ordering re-enquiry against the petitioner only on the ground that he is not satisfied with the
findings submitted by the earlier Enquiry Officer. Accordingly, the learned senior counsel prayed for passing interim order for suspending the
impugned order.
Mr. RK. Umakanta, learned Government Advocate submitted that the respondents needs to file a detail affidavit into the matter and he accordingly,
prayed for granting some time.
As prayed for, list this case again on 16.03.2021.
After hearing the submissions made by the learned senior counsel and on perusal of the judgment rendered by the Apex Court in the case of “Vijay
Shankar Pandey V. Union of India and Another†(supra), this Court is of the tentative view that prima facie case has been made out by the petitioner
for passing an interim order and as an interim measure, it is ordered that the impugned dated 18.01.2021 shall not be given effect to till the next
returnable date.
Copy of this order be furnished to both the counsel appearing for the parties through their respective whatsapp/e-mail.