S C VERMA S/O PRITHI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH this OA have been challenged the following:

(2.) It has been alleged on behalf of applicant that a departmental enquiry was initiated against applicant on 13.1.1999 for the same charge as contained in the present enquiry, i.e., for disobeying his transfer orders, in which the charge was partially proved and penalty of reduction of pay by two stages imposed upon applicant vide orders dated 20.9.2000. Applicant has also undergone the said penalty and completed the punishment by 2.4.2003. Respondents have now initiated the second departmental enquiry for the same charge against the established law that no person shall be prosecuted and punished for the same charge more than once.

(3.) THE learned Counsel contended on the strength of the above cases that if a person is proceeded against for the same charge twice over and is punished twice over, it amounts to double jeopardy. He cannot be punished for the second time for the same lapses/charges.