.webp "Rajasthan High Court Quashes Second Chargesheet Against Retired Employee, Citing Double Jeopardy")
The Rajasthan High Court has quashed a second chargesheet issued against a retired government employee, emphasizing that subjecting an individual to multiple disciplinary proceedings for the same alleged misconduct constitutes double jeopardy, prohibited under Article 20(2) of the Indian Constitution.
Case Background
The petitioner, a former government employee, faced allegations of misappropriating funds. A departmental inquiry initiated in 1991 was dropped after the petitioner deposited the disputed amount. Subsequently, in 2000, the petitioner was acquitted by a Special Judge under the Prevention of Corruption Act. Despite these outcomes, over a decade later, the authorities issued a second chargesheet based on the same allegations and withheld the petitioner's retirement benefits.
Court's Ruling
Justice Anoop Kumar Dhand, presiding over the case, noted that the disciplinary authority lacked specific provisions to review or reinstate a matter once it had been closed or dropped. He referenced the Supreme Court's decision in Lt. Governor, Delhi & Ors. Vs. HC Narinder Singh (2004), which held that issuing a second chargesheet on identical facts is impermissible and violates the principle of double jeopardy. Justice Dhand concluded that the state's actions lacked justification and amounted to a violation of the petitioner's constitutional rights.
Implications of the Judgment
This ruling underscores the constitutional protection against double jeopardy, ensuring that individuals are not subjected to repeated legal proceedings for the same alleged offense. It also highlights the necessity for clear legal provisions before reopening closed disciplinary matters, especially concerning retired employees. The judgment serves as a reminder to administrative authorities to adhere to legal standards and respect the rights of individuals, particularly in matters affecting their post-retirement benefits.
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