Attempt to Suicide
meee
(Querist) 16 September 2013
This query is : Resolved
After conducting court of enquiry for Attempt to Suicide and given Warning letter to me by Commandant. But the Force HQr repeatly asking how to given Warning. Punsihment supposed to more than warning like rank/increment deduction, withhold promotion, etc. Is it possible to give/increase such punishment after already given Warning.
Dr V. Nageswara Rao
(Expert) 17 September 2013
Recently, Courts in England has held that Double Jeopardy applies even to service matters. If according to your service rules giving a warning is a punishment after enwuiry, then another punishment cannot be given.
prabhakar singh
(Expert) 17 September 2013
It is not clear from the query if any FIR was lodged and prosecution was launched or not,if launched the same is pending or has resulted into conviction.These are vital informations needed to be considered before
any suitable and relevant reply.
Article 311(2) of the Constitution, more particularly Clause(a) of the second proviso lays to the effect that such clause shall not apply where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge. What rules are framed
in the department following article 311 of the Constitution is also not known.
Hence your query can not be properly tested upon the rule of 'double jeopardy' though it does apply in India in service matters to the extent article 311 of the Constitution and the rules framed in conformity of this article allows it.
Dr V. Nageswara Rao
(Expert) 17 September 2013
If your case is purely a service matter of the Forces, and not a criminal case, and you have been given warning under your service Rules, no other punishment can be given. Double jeopardy doctrine apples to purely departmental punishments also. Art. 20 (2) applies to criminal prosecutions and punishments only.Art. 311 (2) (a) applies, for instance in the case of corruption, which is a violation of Conduct Rules and also an offence under IPC or other criminal law, then conviction by a criminal Court will enable the civil departmental authorities to dispense with an enquiry as the standard of proof is higher in criminal prosecution.
Dr V. Nageswara Rao
(Expert) 17 September 2013
Dear Mr Prabhakar Singh, I left a personal message to you. Pl see. I am in Houston, Texas now.
prabhakar singh
(Expert) 17 September 2013
Thank you Dr.Rao!
But I am yet to get it.
You have clarified my confusion in your second post.
Thank you once again.
Dr V. Nageswara Rao
(Expert) 17 September 2013
I tried my best to get the judgment in Kundan Lal Rallaram v. Custodian, Evacuee Property, Bombay, AIR 1961 SC 1316. I saw in your earlier posts on this website which dealt with cheque dishonor etc. Can you do me a favour and send a copy of that judgt? Kindly excuse me. my e mail ID is n_vunnava@hotmail.com
Rajendra K Goyal
(Expert) 17 September 2013
Well advised by the expert, nothing more to add.
