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Bhuwneshwar Prasad v. Disciplinary Authority And Anothr - WRIT - A No. 50111 of 2006 [2006] RD-AH 15841 (12 September 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Amitava Lala, J.

Hon'ble V.C. Misra, J.

In view of the last order as passed in the month of July, 2006 we do not find any laches in filing the writ petition. According to the learned Counsel appearing for the petitioner, the order impugned, which has been challenged, is an order which was quashed by a Division Bench of this Court on 08th September, 2005 in Writ Petition No. 21996 of 1991 in terms of the judgement and order passed by another Division Bench on 11th February, 1998 in Civil Misc. Writ Petition No. 5623 of 1992. According to the petitioner, under the aforesaid order of this Court the disciplinary authority was directed to re-raise  the disciplinary proceedings from the stage it had been defaulted, but the order impugned is passed only on the basis of the order, which has been set aside by this Court in the earlier writ petition. Upon hearing such submission, we think that the petitioner has a prima facie case. However, we shall pass necessary order after exchange of affidavits.

Issue notice upon the respondents.

Steps to be taken within one week. Apart from issuance of notice by R.P.A.D., personal service will also be made by the petitioner. Affidavit of service will be filed by next date of listing.  

The counter affidavit will be filed by 10th October, 2006. Rejoinder, if any, will be filed by 03rd November, 2006. The matter will appear in the week commencing 06th November, 2006.

Let this writ petition be connected with the Civil Misc. Writ Petition No. 50114 of 2006.

Dt./- 12.09.2006.

SKT/- 50111-06.


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