De Novo Enquiry
By
G. P. Bhatia
De novo enquiry is generally ordered in the following contingencies:
on the orders of the appropriate judicial authorities in those cases when serious procedural irregularities have crept in the conduct of disciplinary proceedings or the principles of natural justice have grossly been violated. In such cases de novo enquiry is ordered to meet the ends of justice. This is done on the premises that the principles of natural justice are but the means to achieve the ends of justice.
In cases where the inquiring authority has concluded disappropriate inappropriate findings. The inquiring authority in such cases has depended either on surmises or conjunctures which can camouflage the disciplinary authority to draw inference that the charged officer has committed some misconduct.
the third contingency is where the disciplinary authority does not like the findings of the inquiring authority and he wants to fix ....