M.L. GHORIA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The following prayer has been made in the present writ petition:--

(2.) It is well settled that for the same offence/incident in addition to criminal proceedings, disciplinary proceedings may also be proceeded by the Department concerned if required and even if criminal proceedings come to an end, then State Government is always free to proceed with the disciplinary proceedings separately. Only important aspect has to be kept in mind is that for same cause a per son has not to be punished twice keeping in view the provision of Article 20(2) of the Constitution of India which says that no person shall be prosecuted and punished for the same offence more than once. In the present case, since inquiry has already been completed and even if the disciplinary inquiry has come to an end, under the circumstances, the criminal proceedings cannot be stayed. As such, the petitioner is not entitled for any relief. Accordingly, the present writ petition is dismissed. In view of the disposal of the present writ petition, the pending applications, if any, is also disposed of.