Reimposing punishment
jagadish paranjape
(Querist) 26 April 2011
This query is : Resolved
Workman terminated after domestic enquiry
for misconduct.Termination withdrawn
unconditionally and workman joined duty.
Again terminated on the basis of earlier enquiry.
Is it valid?Is there any precedence?
Guest
(Expert) 26 April 2011
It is ordinarily not valid. But you have not mentioned what were the contents of the order withdrawing the penalty order. You have also not mentioned whether the termination was withdrawn by the order of the appellate authority or not on appeal. You have further not stated whether the termination was reimposed after review or not by the Reviewing Authority. So, the correct opinion can only be given on clarification of the aforesaid three points.
However, for your information, no punishment can be imposed 2nd time for the same offence, if the earlier decision was cancelled/ withdrawn on account of some serious lacuna in the charge sheet. The case can however, be tried de-novo by issuing a fresh charge sheet by conduct of fresh deomestic inquiry in that case.
