JUDGMENT :

Apurba Sinha Ray, J.

Factual Matrix:-

1. A departmental proceeding was initiated against the appellant, an employee of the corporation, by the concerned disciplinary authority of the Kolkata Municipal Corporation. Initially one Sri Chaitanya De Sarkar was appointed as Inquiry Officer but as he submitted resignation from his engagement, one Sri Biswajit Majumder, Director General (Bustee Cell and S.S.E.P) was appointed as the Inquiry Officer. The Inquiry Officer submitted his enquiry report to the Disciplinary Authority but the said authority came to the conclusion that the Inquiry Officer had not specifically dealt with each article of charge and did not express his definite findings on each article of charge/imputations. Accordingly, the Disciplinary Authority vide order dated 04.09.2003 under Memo No. P/12(21)/VI/115/23 set aside the enquiry report dated 10.02.2023 and appointed a new Inquiry Officer to inquire de novo into the charges framed against the delinquent officer, that is, the petitioner/appellant before this Court.

2. The petitioner/appellant challenged the order dated 04.09.2023 of the Disciplinary Authority by filing a writ petition being no. WPO 1597 of 2023