Case Laws on some crucial issues in Departmental 有关部门的一些关键问题的案例法.ppt

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Case Laws on some crucial issues in Departmental 有关部门的一些关键问题的案例法.ppt

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Case Laws on some crucial issues in Departmental Enquiry Successive proceedings in respect of same matter However, after an order passed in an enquiry against a public servant imposing penalty is quashed by a civil Court, a further proceeding can be commenced against him, if in the proceeding in which the order quashing the enquiry was passed, the merits of the charge against the public concerned were never investigated. Where the High Court decreed the suit of the public servant on the ground that the procedure for imposing penalty was irregular, such a decision cannot prevent the State from commencing another enquiry in respect of the same subject matter consistent with the provision of Article 310 and 311 of the Constitution. Where the decision of the Court is on technical grounds, re-enquiry into the same charges on the same set of facts, after following correct procedure and affording reasonable opportunity to the employee can be made. Devendra Pratap Narain Rai Sharma Vs.State of U.P. (AIR 1962, SC 1334) In a case there was an enquiry against the charged officer. He was found guilty on some of the charges. Consequently, he was punished with reversion to the lower rank. Against this reversion order, he filed a writ in the High Court. The High Court quashed the order on the ground that the enquiry was not proper and legal. There upon the charged officer was reinstated in his original post and then put under suspension and fresh proceedings were started on the basis of the same old charges. He was found guilty of some of the charges and was again reverted to a lower rank. He again filed a writ petition in the High Court challenging the fresh order of reversion. The High Court dismissed the petition . He then filed an appeal to the Supreme Court. The Supreme Court held that since the earlier order was quashed on technical ground, a second enquiry could be held on merits. Anand Narain Shukla Vs. State of M.P. (AIR 1979, SC 1923) Choice between Prosecution