Can enquiry be reconstituted
Rajani Kant Rai
(Querist) 01 October 2010
This query is : Resolved
I would seek your advice - One of the employee who was charge sheeted for false birth certificate & duly punished( dismissal) by the Disciplinary Authority . appellate authority before his two days of his retirement exonerate and reinstate the employee. I would like to know can a separate charge be issued for the same offense . is there any case law on this. please advice in detail in favour of justice.
Thanks,
Rajani Kant Rai
Thanks for reply , you may look the matter on new fact which was not considered by the previous inquiring officer.
R.Ramachandran
(Expert) 01 October 2010
It is the basic principle that a person cannot be punished for the same offence twice. Once exonerated, you cannot charge him afresh on the basis of the same offence. If you so desire, you can prefer an appeal against the order of the Appellate Authority in the appropriate forum.
Basavaraj
(Expert) 01 October 2010
I agree with Ram
R.Ranganathan
(Expert) 01 October 2010
The person was exonerated by the appellate forum. So what is your exact requirement. If you want you can go in for further appeal.
Kirti Kar Tripathi
(Expert) 01 October 2010
Since the dismissal was passed on the basis of departmental inquiry and the appellant authority exonerated the delinquent employee on appeal, therefore, the order of appellant authority become final. Now, the charges on which the dismissal order was passed lost their effect under the law. Thus no re inquiry is permissible under the law.
Rajani Kant Rai
(Querist) 01 October 2010
here I would like to mentioned that during the process of inquiry ,Govt. authorities issued a letter stating that school declared by the employee does not exist, hence certificate produced by the employee was not valid, my question is that since new fact has emerged which was not examined by inquiry officer nor by the DA,can he be charged for the offense emerged on new fact.since law of double jeopardy does not apply in departmental inquiries. is there any case law on this. please advice in detail in favour of justice.
Thanks,
Rajani Kant Rai
R.Ramachandran
(Expert) 01 October 2010
What is the reasoning given by the Appellate Authority while exonerating the employee?
Rajani Kant Rai
(Querist) 02 October 2010
Appellate authority has stated that he gives importance to a paper cutting produced by employee to prove his birth while playing as football player, further he stated that the certificate of education authority was not examined by inquiry officer , hence its not valid evidence.
