1. The question which arises for consideration in this petition is whether the second respondent, Director of Public Instruction has jurisdiction to completely wipe out the enquiry conducted by the Regional Deputy Director of Education, Ernakulam into the charges framed against the petitioner, an Asst. Educational Officer working in Trichur District and direct a de novo enquiry and that too by another officer, the Deputy Director of Education, Trichur. That he has no jurisdiction to do so is clear from the decision of the Supreme Court in K.R. Deb v. Collector Central Excise, Shillong (AIR. 1971 SC 1447). In that case, the Supreme Court had to consider the effect of Rule !5 of the Central Civil Services (Classification, Control and Appeal) Rules, 1957 and after doing so, came to the following conclusion:

"13. It seems to us that R.15, on the face of it, really provides for one inquiry but it may be possible if in a particular case there has been no proper enquiry because some serious defect has crept into the inquiry or some important witnesses were not available at the time of the inquiry or were not examined for some other reason, the Disciplinary Authority may ask the