can a separate charge be issued for the same offense based on new facts
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 .
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
Rajani Kant Rai
(Querist) 01 October 2010
Thanks for reply , you may look the matter on new fact which was not considered by the previous inquiring officer.
s.subramanian
(Expert) 01 October 2010
Even though Doctrine of Double Jeopardy is confined only to criminal cases, you cannot proceed afresh when already a full fledged enquiry is over and verdict given. It would amount to harassment of the employee.
Rajani Kant Rai
(Querist) 01 October 2010
sir,
I would impress that the fact which came in to light after issuance of certificate by AP Govt. authorities was not examined during initial inquiries.
aman kumar
(Expert) 07 October 2010
Doctrine of Double Jeopardy is confined only to criminal cases, you cannot proceed afresh when already a full fledged enquiry is over and verdict given. It would amount to harassment of the employee.
