IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2583 of 2010 1. RAJEEV RANJAN S/O LATE BIJOY SHANKAR PRASAD R/O R.B.S.S.S. ROAD, MUNDICHAK, P.S.-ISHAKCHAK, TOWN AND DISTT.- BHAGALPUR Versus 1. THE BIHAR KSHETRIYA GRAMIN BANK, THROUGH ITS CHAIRMAN, BHAGAT SINGH CHOWK, MUNGER 2. THE BOARD OF DIRECTORS-CUM-THE APPELLATE AUTHORITY, BIHAR KSHETRIYA GRAMIN BANK, THROUGH ITS CHAIRMAN, BHAGAT SINGH CHOWK, MUNGER 3. THE CHAIRMAN-CUM-DISCIPLINARY AUTHORITY, BIHAR KSHETRIYA GRAMIN BANK, BHAGAT SINGH CHOWK, MUNGER 4. MR. B.M.K. SINHA, SENIOR MANAGER-CUM-THE ENQUIRY OFFICER, BIHAR KSHETRIYA GRAMIN BANK, REGIONAL OFFICE, BHAGALPUR 2/ 09.03.2010 Heard learned counsel for the petitioner and Dr. Sadanand Jha for the respondents. Petitioner has filed this writ application praying, inter-alia, to quash the charge-sheet, served on him, dated 25.04.2007, Annexure-1, on two grounds, namely, that facts on the basis of which charge-sheet dated 25.04.2007 has been issued, does not constitute any misconduct. The other ground raised for quashing the charge- sheet is that in compliance of the orders of the appellate authority dated 12.09.2008, Annexure-4 direction was made against the petitioner to proceed with the enquiry proceeding afresh and thereby the Bank could not have proceeded on the same charge-sheet which was the subject matter of earlier proceeding as the said charge-sheet merged in the order passed by the disciplinary authority which was set aside by the appellate authority under orders dated 12.09.2008, Annexure-4 and thereafter fresh charge sheet should have been issued. I regret not to accept any of the two submissions raised by the counsel - 2 - for the petitioner, reason being that the appellate authority has asked the enquiry officer to proceed afresh meaning thereby that the enquiry officer should proceed with the same memo of charge which was subject matter of the earlier proceeding. The other submission that facts constituting the charge does not make out any misconduct can always be looked into by the enquiry officer and this court is not required to go into the facts whether the same constitute misconduct. Accordingly, I dismiss the writ application directing the petitioner to appear before the enquiry officer who should proceed with the enquiry and conclude the same as early as possible in any case within the time granted by the appellate authority under orders dated 12.09.2008. In this connection it is relevant to mention here that this court while passing the order dated 29.06.2009 in C.W.J.C.No. 7180 of 2009, Annexure-6, also directed the authorities to follow the directions, as contained in appellate order dated 12.09.2008, Annexure-4, which was affirmed by a Division Bench of this Court vide order dated 10.08.2009, in L.P.A. No. 888 of 2009, Annexure-6/A. In the result the application is dismissed. ( V. N. Sinha, J ) BTiwary/