Vasu Singh 10 June 2021
My cousin's father is in a government job. He was recently accused of cheating and a criminal case is active against him and at the same time, he is under departmental enquiry also. Can he be punished for the same offence in two different courts of enquiry? Is there any solution to prevent him from getting punished in both the enquiries?
P. Venu (Advocate) 10 June 2021
Yes, there is nothing illegal in criminal a swell as departmental proceedings. In both the cases, charges, need to met on their merits.
Dr J C Vashista (Advocate) 11 June 2021
Punishment can be awarded after holding the accused as "guilty" of the charges, which depends upon evidence(s) against the delinquent employee / charged person, which can not be predicted by experts on this platform..
G.L.N. Prasad (Retired employee.) 11 June 2021
Without knowing the facts and the exact charges it is difficult to give any opinion in an ongoing case, and it becomes speculation. Yes , in all such cases the employee is liable to be dismissed and may also have to undergo punishment if a criminal court delivers such a judgment.
T. Kalaiselvan, Advocate (Advocate) 11 June 2021
Bothe the court and the departmental inquiry committee are two different entities and the case before them are under different provisions of law.
Hence both the court and the department can go ahead with the disposal of the case on the basis of the trial conu ted by both the entities separately.
This may not fall under double jeopardy
Member Strength 9,47,829 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
