Satyabrata Sinha, J.: This appeal is directed against an interim order dated 26th August, 1993 passed by Susanta Chatterjee, J. in C.O. No. 10472(W) of 1993, whereby and whereunder the said learned Judge, inter alia, directed that the pendency of the writ petition will not prevent the writ petitioner from filing a reply to the second show cause and the respondent will proceed with the enquiry and pass a final order and communicate the same to the petitioner but no effect should be given to the final order without the leave of the Court.

2. The writ petitioner respondent herein filed a writ petition, inter alia, questioning a notice issued to him whereby and whereunder he was asked to show cause as to why he should not be dismissed from services.

3. Before proceeding to consider the rival contentions of the parties, the following fact may be noticed.

4. A chargesheet was issued to the writ petitioner/respondent on 6.8.1990 whereto he submitted his reply on 27.8.1990. A notice of enquiry was served on him on 5.6.91 whereupon the writ petitioner raised an objection with regard to the appointment of the enquiry officer. A writ petition was filed by the respondent on 12.12.1991, in