Second enquiry-whether permissible for the same matter
Ajikumar
(Querist) 15 May 2016
This query is : Resolved
There was misappropriation of government money for Rs. 20000 in an office.A quasi-judicial inquiry was conducted with the conclusive finding that the alleged loss in the case was Rs. 20000 and that for the alleged loss one X is solely responsible for the loss caused to the office and accordingly punishment order was also issued to X.
Now after six months, on the basis of the finding of a second enquiry, a chargesheet has been issued under Rule 14 of CCS(CCA) Rules 1965 to Y, the Supervisor for alleged lack of supervision.In the second enquiry the loss has been assessed as Rs. 50000. Kindly advise whether a second enquiry is permissible to reopen the legal issue already determined to upset the earlier findings.Whether there is chance to quash the chargesheet in CAT.
Kumar Doab
(Expert) 15 May 2016
Exonerated Govt official can face fresh inquiry
Sudhir Kumar, Advocate 
(Expert) 16 May 2016
Prima-facie it appears to be a case of double jeopardy.
But full facts can come on perusal of documents only.
It is not possible to get c/s quashed. When c/s is issued the Govt servant will be entitled to seek services of any service/retired employee of central/state govt deptt/psu.
better start seeking such help and start building the defence.
Sudhir Kumar, Advocate
(Expert) 16 May 2016
you have not stated what was the earlier punishment order it is relevant for deciding whether at all double jeopardy is applicable.
P. Venu
(Expert) 16 May 2016
Facts stated lacks clarity. Second enquiry is against Y; the first enquiry proved X to be guilty. Was Y charged in the first enquiry also?
Rajendra K Goyal
(Expert) 16 May 2016
More than one person can be charged for any act.
Y would get chance to prove him not guilty.
