JUDGMENT :

Much water has flown, however, the same error is being committed in spite of the law being settled with respect to the issue at hand. The question of law which has arisen for determination is that whether a disciplinary authority can direct a de novo enquiry against a delinquent after the enquiry conducted against him had culminated in a report favourable to him. The said question has been answered on a number of occasions and the settled law is that such action is forbidden as not contemplated by law. It is a different matter that it would still be open to the disciplinary authority to differ with the views of the Enquiry Officer which are favourable to the delinquent and in that event, there is a requirement of affording an opportunity by issuing a notice to represent on the tentative action of the Disciplinary Authority not to accept the findings favourable to the delinquent. However, law has been settled by laying down that if a de novo enquiry is permitted, the same would result in an unending process whereby the disciplinary authority would be at liberty to remand the matter for such de novo enquiry unless a report to the liking of the Disciplinary Authority is give