1984 Supreme(MP) 17

Gulab Gupta, J.
Kanhaiyalal Mishra v. State of M.P.
M. P. No. 74 of 1983 (J); Decided on 10-1-1984.

Headnote:(1) Police Regulations (MP) -- enquiry held and charges not found proved -- no second enquiry permissible on same charges.

        (2) Civil Services (Classification, Control and Appeal) Rules, 1966 (MP) -- enquiry held and charges not found proved -- no second enquiry permissible on same charges.

        (3) Natural Justice -- principles of -- no second trial on same charges permissible.

        The facts are more or less admitted. It is admitted that a charge-sheet dt. 30-5-1973 was issued to the petitioner by the Superintendent of Police, Chhatarpur, levelling 5 charges against him and requiring his explanation on the same. The petitioner submitted his reply and denied the charges. Thereafter, a departmental inquiry was held by Shri B. C. Jain, Deputy Superintendent of police, Chhatarpur who in his inquiry report (Annexure-R-1) held that the charges No. 1, 2 and 3 were proved while charges No. 4, 5 were not proved. The report was submitted to the Supdt. of Police, Chhatarpur who admittedly was the Disciplinary Authority in relation to the petitioner and was considered by him in his order dt. 16-9-1975 (Annexure-B). The Disciplinary Authority agreed with the findings of the Inquiry Officer with regard to charge Nos. 4 and 5 and held that they were not proved. He, however, disagreed with the findings with regard to charge No. 1, 2 and 3 and held that the charges relate to the same set of facts and the explanation given by the petitioner, fully corroborated by the Circle Inspector, sufficiently established that the petitioner was not guilty of these charges. By so holding the inquiry proceedings were filed. While considering filing of the proceedings the Disciplinary Authority also noted the past meritorious record of the petitioner consisting of several awards, including a gallantry medal by the President of India. After the inquiry proceedings were so filed the petitioner was granted his promotion as Circle Inspector. Though the nature of promotion is disputed the fact that the promotion was granted to him after close of the aforesaid inquiry is not disputed. Thereafter, by an order dr. 17-8-1978 Deputy Inspector General of Police, Sagar Division issued a second charge-sheet against the petitioner requiring his explanation on the charges. The charges in this charge sheet are the same as in the earlier charge sheet dt. 30-5-1973. The petitioner submitted his representation to the Inspector General of Police, Bhopal against the issue of this charge-sheet. The said representation was dismissed by the impugned order dt. 24-6-1982 who directed that the inquiry be held as proposed.

        Held : The submission of the petitioner is that he has faced an enquiry on these very charges and has been found not guilty. Thereafter, his promotion has also been released. Under the circumstances, according to the petitioner, second charge-sheet on the same charges cannot be issued to him nor an enquiry held. Reliance is placed on the decision of the Supreme Court in State of Assam vs. J.N. Roy Biswas (AIR 1975 SC 2277).The learned Deputy Government Advocate does not dispute the aforesaid proposition of law but submits that the order dt. 17-8-1978 (Annexure-C) though worded as a charge sheet is not in reality a charge sheet and the proposed inquiry is not the second enquiry but the continuation of the first inquiry. The submission of the petitioner regarding issuance of the second charge-sheet and holding departmental inquiry on the same charges is basically sound and is concluded by the aforesaid decision of the Supreme Court. It cannot be denied that if a departmental inquiry has been held against a Government servant and the same has resulted in his acquittal of the charges levelled against him, he cannot be put to a second trial on the same charges. Such a procedure would be contrary to the principles of natural justice and fair play. Then, there is no provision either in the Police Regulations or in M. P. Civil Services (Classification, Control and Appeal) Rules, 1966 which permits an authority to issue a second charge-sheet on the same charges and held a second departmental inquiry. In the absence of a such Rule it must be held that it is not permissible for the respondents to issue the second charge-sheet and hold the second departmental inquiry on the charges on which a departmental inquiry has been filed earlier.

        AIR 1975 SC 2277 relied on. Petition allowed.