( 1 ) THIS Appeal is against the order in W. P. No. 27159 of 2005 dated 14. 2. 2006 whereby the proceedings dated 07. 12. 2005, issued by the Appellants herein calling upon the respondent-writ petitioner to submit his representation to the charges held proved and asking him to show cause as to why the penalty specified in Section 4, Rule 4. 2 of the Staff Rules and Service Regulations of EPTRI should not be imposed, was quashed, the report of the enquiry officer set aside and the enquiry officer was directed to resume proceedings from the stage where the petitioner raised his objection to the competence of the Presenting Officer.

( 2 ) FACTS, to the extent necessary, are that the petitioner, an Administration and Accounts Officer in the Appellant -Institute, was placed under suspension vide proceedings dated 6. 6. 2005. A charge sheet dated 17. 6. 2005 was issued calling upon him to submit his explanation. The petitioner submitted his explanation, to the charge sheet, vide letter dated 21. 7. 2005. Sri K. Kumar was appointed as the enquiry officer and Sri T. V. Satish Babu, Administration Incharge of the Institute was appointed as the presenting officer. Th