S.J.MUKHOPADHAYA, J. - (1.) THE petitioner has challenged the office order dated 16th July, 2002 issued by the Secretary, Primary and Secondary Education, Human Resources Development Deptt. Jharkhand whereby and whereunder he directed to conduct a fresh enquiry against the petitioner and appointed another Enquiry Officer.
(2.) THE petitioner has also challenged the order of suspension contained in Memo No. 317, dated 30th April. 2001. According to petitioner, one Shankar Ram, Under Secretary, Human Resources Development Deptt., Jharkhand was appointed as Enquiry Officer who after enquiry submitted the report vide letter No. 1090, dated 20th April, 2002 holding the charges "Not proved" against the petitioner. In respect to one allegation it was observed that there was a procedural mistake but cannot be alleged to be a serious charge.
(3.) THE counsel for the petitioner submitted that after submission of the report by the Enquiry Officer though it was open for the disciplinary authority to differ with the finding or to ask for further enquiry, if there is any defect but the authority cannot direct to hold fresh enquiry by appointing another Enquiry Officer.;