JUDGMENT :

The petitioner has put to challenge an order dated 09.05.2020, issued vide Memo No. 554 under the signature of the District Magistrate, Gaya (Annexure-9 to the writ application), whereby he has directed for a de novo disciplinary proceeding in respect of the charges framed against him by appointing a new Enquiring Authority.

2. Shorn of unnecessary details, short facts of the case, necessary for determination of the core issue involved in the present writ application, are that a disciplinary proceeding was decided to be initiated against the petitioner under the provisions of Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as ‘the Rules’) on the charge of misconduct of having demanded gratification in discharge of his official duties when he was working as a Lower Division Clerk in Prakhand Office at Khizarsarai in the district of Gaya. The charge memo has been brought on record by way of Annexure-7 to the writ application. The Sub-Divisional Grievance Redressal Officer, Nimchakbathani, Gaya was appointed as the Enquiring Authority, who submitted his report on 20.03.2020, recording his finding to the effect that the charg