ORDER

1. LEAVE GRANTED.

2. THE SOLE QUESTION WHICH ARISES IN THIS APPEAL IS WHETHER A FRESH ENQUIRY PROCEEDING COULD BE INITIATED AGAINST THE RESPONDENT EMPLOYEE. THE EMPLOYEE HAD BEEN INITIALLY DEMOTED ON THE BASIS OF PROCEEDINGS INITIATED BY THE SENIOR SUPERINTENDENT OF POLICE BY AN ORDER DATED 4-2-1989. THAT ORDER OF DEMOTION WAS PASSED AFTER THE FIRST ENQUIRY OFFICERS REPORT HAD BEEN SET ASIDE AND A FRESH ENQUIRY HAD BEEN ORDERED BY THE DISCIPLINARY AUTHORITY. THE RESPONDENT CHALLENGED THE ORDER OF DEMOTION IN A SUIT WHICH WAS DECREED IN HIS FAVOUR. THE FIRST APPEAL AND SECOND APPEAL AND THE SPECIAL LEAVE PETITION WERE ALL DISMISSED. THE GROUND ON WHICH THE RESPONDENT PROCEEDED BEFORE ALL THE FORA WAS THAT THE PROCEEDINGS HAD BEEN INITIATED BY AN AUTHORITY INCOMPETENT TO DO SO. THE FIRST AND SECOND APPELLATE AUTHORITY IN DISMISSING THE APPEAL FROM THE DECREE WAS OF THE VIEW THAT THERE WAS NO PROVISION IN THE RULES TO ORDER A FRESH ENQUIRY AND THAT ONCE AN ENQUIRY HAD BEEN HELD, A FRESH ENQUIRY COULD NOT BE ORDERED MERELY BECAUSE THE ENQUIRY REPORT WAS NOT LIKED BY THE APPOINTING AUTHORITY. THIS FINDING WAS IN ADDITION TO THE FINDING THAT THE ORDER OF DEMOTION WAS PASSED BY AN INC