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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Durga Lal Verma S/o Shri Ramdev Verma – Appellant
Versus
District Collector, Tonk – Respondent
ORDER :
Anoop Kumar Dhand, J.
1. By way of filing this writ petition, a challenge has been led to the charge-sheet dated 31.01.2002 (Annx.4) issued to the petitioner under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short, ‘the Rules of 1958’).
2. Learned counsel for petitioner submits that prior to issuance of the aforesaid charge-sheet, enquiry was initiated against the petitioner whereby the petitioner was called upon to deposit an amount of Rs.3,822/-, which was deposited by the petitioner on 30.06.1989. Counsel submits that thereafter, the District Collector, Tonk directed the Tehsildar, Todaraisingh to drop the matter. In pursuance of the aforesaid directions, issued by the District Collector, the Tehsildar dropped the proceedings vide order dated 18.07.1991. Counsel submits that for the charge of misappropriation of the aforesaid amount, the petitioner faced criminal trial before the Court of Special Judge, Prevention of Corruption Act, Jaipur, wherein he was acquitted vide judgment dated 26.09.2000. Counsel submits that thereafter, again the respondents issued the present charge-sheet with regard to the similar charges, even afte
A second disciplinary enquiry on the same charges is impermissible and constitutes double jeopardy, violating the principles of law.
Issuing a second charge-sheet based on previously unproven allegations is impermissible under the principle of public policy, reinforcing protection against double jeopardy in disciplinary proceeding....
A charge-sheet cannot be quashed merely because it is based on the same facts as an FIR; the validity of the charge-sheet is determined by the disciplinary authority.
The main legal point established in the judgment is that the normal rule is that there can only be one enquiry and the second enquiry is impermissible.
Double jeopardy principle prohibits subjecting an individual to repeated inquiries for the same misconduct once exonerated.
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