M.H.S. Ansari, J. - (1.) The petitioner is a Development Officer working with the respondent corporation. Certain allegation of misconduct was made as against the petitioner. A preliminary enquiry was made and by an order dated January 24,1994 petitioner was suspended in terms of regulation 36(1)(a) of the Life Insurance Corporation of India (Staff Regulations), 1960 in contemplation disciplinary proceedings against the petitioner. The petitioner filed the writ petition, which was disposed of by an order of His Lordship BP. Banerjee dated 1.8.1994 (being Annexure B to the writ application) and thereby the respondents were directed to conclude the departmental proceedings within five months from date thereof. It was further ordered that in case the proceedings is not concluded within five months in that event, the respondent shall not give effect to the order of suspension.
(2.) A charge sheet dated November 14,1994 was issued against the petitioner. On receipt of the same, the petitioner submitted his reply denying all material allegations and charges levelled against him. The disciplinary authority appointed an enquiry officer to enquire into the charges. As the enquiry was not concluded within the period of five months, the order of suspension was withdrawn. The enquiry officer submitted his report on April 8,1995. The disciplinary authority, however, found that the said enquiry was not held in accordance with the principles of natural justice and there was ambiguity in the said enquiry report and there was lacuna and procedural defects. The disciplinary authority for the said reasons directed a de-novo or a fresh enquiry to be held in respect of the same charges.
(3.) Accordingly by an order dated April 16,1996, the disciplinary authority passed an order for de-novo enquiry and one Sri. B.B. Biswas was appointed as the enquiry officer to conduct the de-novo enquiry.;