Can a govt employee be fined twice for the same offence
03-Jul-2023 (In Labour & Service Law)
If Clean chit or NOC is give to the accused ( Railway servant) and after then he will be charged with major penalty for the same. Is this procedure is right or wrong in jurisdiction law of service matter?
According to the service jurisdiction if department enquiry has been dropped and clean chit has been given to the employee then again for same mistake second enquiry can not start, it is completely wrong further more there is a complete procedure is available for imposed major penalty which is compulsary to follow and if any order has been passed without following such provision then order deserve to be set aside (cancelled) so department is bound to follow strict provision first he will have to take decision that for mistake department enquiry should be start there after charge sheet will be given given there after enquiry officer will have to be appointed then enquiry report will have to be call then proper opportunity has to be given to the employee etc.
If enquiry has been started then employee can challenge the order before Hon'ble High court under article 226 of Constitution of India.
I hope this advice will help you to understand and face the problem.
If enquiry has been started then employee can challenge the order before Hon'ble High court under article 226 of Constitution of India.
I hope this advice will help you to understand and face the problem.
Helpful?
14+
You have not given specific facts, however as per your version clean chit was given along with noc and there after charged with major misconduct. Please see if clean chit was given in writing for the same act, charging afterwards is against Law n Justice.
Helpful?
10+
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