double geo pardy

madhurMehta (Querist) 25 June 2008 This query is : Resolved
when facts and law points are equal then departmental and court proceeding can not run at the same time. Please,give me judgment on this issue .

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H. S. Thukral (Expert) 25 June 2008
I am not in concurrence with this. The departmental inquiry can be held even when proceedings on the same matter are pending in court of law. The departmental inquiry procedure is not as rigid as the procedure in court. In court an offence has to be proved beyond any doubt. There are cases where the departmental inquiry were held and action taken during pendency of court proceedings on the same matter.

arunprakaash.m. (Expert) 26 June 2008
Yes it can be initiated in both way. say for example if a staff of govt servant caught of gratification and embezzement the he can be procecuted under prevention of coruption act, IPC and also deparmental proceedings. It does not amount double jeopardy.Doctrine of double jeopardy is applicable of court proceedings only

Guest (Expert) 26 June 2008
Dobule jeopardy operates in various enactments in india. Want to know if you have a specifi issue in mind. The link below takes you a recent decision on double jeopardy in service matter.

http://delhicourts.nic.in/Apr07/Ex.%20Major%20R.%20S.%20Budhwar%20Vs.%20UOI.pdf

Srinivas.B.S.S.T (Expert) 26 June 2008
departmental enquiry and other legal proceedings can not construe Double jeopardy. Departmental enquiry is for the effect of the crime over the organisation and the criminal or civil proceeding is for the effect of such crime over the society.

Guest (Expert) 27 June 2008
Double jeopardy comes into picture, when you are penalised under different enactments or the same enactment. For eg. IN Income Tax, for a default you are laible to pay
Interest (Compnesaotry)
Interest (Penal)
Penalty
Prosecution.

Action can be taken under all these simultaneously for only one single default and Double jeopardy does not apply.

arunprakaash.m. (Expert) 02 July 2008
refer case laws given below.
Inree DAVEED AIR 1959 AP 137

S.A.VENKATARAMAN VS UNION OF INDIA AIR 1954 SC 1150

MAQBOO HUSSANIN VS STATE OF BOMBAY AIR 1953 SC 325
But wholly in case of penal laws
refer NALINI VS STATE OF TAMIL NADU 1999 sc

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