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2000 Supreme(SC) 1097
SUPREME COURT OF INDIA
G.B.Pattanaik : U.C.Banerjee
State Of Punjab
Versus
Dalbir Singh
Case No. : 5386 , 5387 , 5388 , 5389 of 1997
Date of Decision : 7/19/00
Payment of a penalty under the Motor Vehicles Act does not preclude an employer from initiating departmental proceedings for the same misconduct, as such action does not constitute double jeopardy under Article 20(2) of the Constitution of India.
Headnote:(A) Constitution of India - Article 20(2) - Motor Vehicles Act - Departmental proceedings for misconduct - Double jeopardy - Whether payment of penalty under the Motor Vehicles Act absolves an employee from disciplinary proceedings - Initiation of departmental proceedings for alleged misconduct does not amount to double jeopardy and is not prohibited under Article 20 of the Constitution, even if a fine has been levied under the provisions of the Motor Vehicles Act for the same misconduct.
(B) Article 20(2) - Scope - Initiation of departmental proceedings by an employer against a delinquent employee, despite the imposition of a penalty under the Motor Vehicles Act, does not constitute a violation of the protection against double jeopardy.
Facts of the case:
A delinquent employee was subjected to a fine under the provisions of the Motor Vehicles Act for alleged misconduct. Subsequently, departmental proceedings were initiated against the employee for the same act of misconduct. It was contended that such proceedings would amount to double jeopardy.
Findings of Court:
The payment of penalty under the provisions of the Motor Vehicles Act does not absolve the employee from all other liabilities, nor does it debar the employer from initiating departmental proceedings for the alleged misconduct of the concerned delinquent employee.
Issues: Whether the levy of penalty under the provisions of the Motor Vehicles Act would absolve the concerned employee from all liabilities and debar the disciplinary authority from initiating disciplinary proceedings, and whether such initiation would tantamount to a violation of Article 20(2) of the Constitution.
Ratio Decidendi: The court held that the initiation of departmental proceedings for misconduct does not violate Article 20 of the Constitution, as the payment of a statutory penalty under the Motor Vehicles Act does not preclude the employer from taking disciplinary action.
Result: Civil Appeals filed by the State Government are allowed and the Civil Appeal filed by the delinquent is dismissed.
(1) CIVIL Appeal Nos. 5386-5389/1997 and 5390/1997 are directed against the Division Bench Judgment of the Punjab and Haryana High Court, which took the view/that initiation of a departmental proceedings for the alleged misconduct would tantamount to double jeopardy and prohibited under Article 20 of the Constitution, as for the same misconduct under the provisions of Motor Vehicles Act, certain fine has been levied. This judgment of the Division Bench of Punjab and Haryana High Court has later been reversed by the Full Bench of the same High Court against which concerned employee has moved this Court in C.A. No. 6071/1997. The question that arises for consideration, therefore, is whether the levy of penalty under the provisions of Motor Vehicles Act would absolve the concerned employee from all liabilities and would debar the disciplinary authority to initiate disciplinary proceedings. In other words, the question would be whether initiation of a departmental proceedings would tantamount to violation of provision contained in Article 20(2) of the Constitution. Having examined the relevant facts involved in these appeals and having examined the judgment of the Full Bench of Punjab and Haryana High Court, we have no hesitation to come to the conclusion that the Full Bench rightly interfered with the judgment of the Division Bench of Punjab and Haryana High Court. In OURVIEW/the payment of penalty under the provisions of Motor Vehicles Act would not absolve the employee fully from all other liabilities/nor. would it debar the employer from initiating a departmental proceedings for the alleged misconduct of the concerned delinquent employee^ Such initiation of a departmental proceedings by no stretch of imagination, can be held to be a violation of provision of Article 20 of the Constitution of india In this view of the matter, we uphold the Full Bench judgment of the Punjab and Haryana High Court, and necessarily therefore, the Civil Appeals filed by the State Government are allowed and the Civil Appeal filed by the delinquent is dismissed.
