JUDGMENT

PRADIP MOHANTY, J. — The petitioner in this writ petition calls in question the order dated 20.11.2002 passed by the Dis¬trict Judge, Khurda at Bhubaneswar in D.P. No. 5 of 1999 direct¬ing for a fresh enquiry into the charges levelled against him.

2. The petitioner’s case, in short, is that the aforesaid departmental proceeding was initiated against him on the basis of the charges vide Annexure-2 and the Chief Judicial Magistrate, Khurda was appointed as the Enquiring Officer. On conclusion of the enquiry, the Enquiring Officer submitted a report opining that the charges are unfounded and could not be brought home to the delinquent. However, on receipt of the report, the Disciplin¬ary Authority-opposite party No. 1 has passed an order on 20.11.2002 directing to cause fresh enquiry into the charges. On the basis of the said order, the letter under Annexure-1 has been issued which is impugned in this writ petition.

3. A counter affidavit has been filed by the opposite parties stating therein that the direction for fresh enquiry was absolutely just and proper. As the order of the Disciplinary Authority was not available in the records, the learned Addition¬al Government Advoc