Valmiki J. Mehta, J. (Oral)

1. By this writ petition, the petitioner impugns the action of the employer/respondent no.1/Delhi Financial Corporation for issuing a second charge-sheet dated 14.11.2007, although, there was an earlier enquiry report with respect to a charge-sheet dated 21.12.2004 exonerating the petitioner on more or less the same set of allegations. Effectively, the petitioner pleads the bar of double jeopardy or bar of conducting of a fresh enquiry on the basis of a new charge-sheet containing allegations in the old charge-sheet, on account of general principles of res judicata.

2. Since the comparison of the two memorandum of charges in this case would be necessary in order to find out that the charges in sum and substance are essentially the same in both the first and second charge-sheet, let me reproduce at this stage the first article of charges and the related imputations of mis-conduct as also the second article of charges and the related imputations of misconduct. First memorandum and related imputations of misconduct

“ARTICLE 1

Shri B.S. Chaudhary while functioning as Assistant (L) during the period 21.09.1994 to 17.11.1994 at Branch Office Chandig