The department's action of dismissing from service based on the outcome of the CBI court case judgement's confirmation wile the SLP was dismissed, appears to be appropriate to the rules of CCS (CCA) and invoking section 19 also proper. Your claim of double punishment to the same offence is not justified, however since you have approached the higher authority of your department, you may either wait for their action/reply or may approach CAT as desired, but the case is very weak on your side, so better take the advise of an expert service law practicing advocate in local by producing all the relevant papers/documents to him/her in person for possibilities if any in your favor.
Punishment by Department twice under CCS(CCA) Rules 1965
I was trapped in a fabricated case of taking bribe by CBI.CBI court awarded punishment for 2 years RI vide order dtd 28.03..2013 which was reduced to 1 year in appeal before H.C JHARKHAND .However the SLP against H.C order was dismissed. An enquiry under CCS(CCA) Rules 65 was also conducted which found that the charge of bribery is only partially and on the basis of same the Dsiciplinary Authority imposed penalty of reduction of my 2 increments for 2 years under Rule of said Rules 2 days later to the order of CBI court i.e on 30.03.2013.In 2104 after dismissal of SLP by S.C the then disciplinary authority dismissed me from the service under Rule 19 even though the previous order is still existing .what are the provisions regarding punishment by Govt Department twice for same offence.I have gone in appeal before Chief Commissioner Of Centra Excise Patna but it is pending there for more than 10 months without any response to my 2 reminders. What is the prospect of the case on merit and what should I do if I do not get a favorable order in appeal,whether I should file a writ or an appealto the President Of Indi or sHould go to CAT.Pl.advise me .
Asked 9 years ago in Criminal Law
Religion: Hindu
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2 Answers
If on the same facts, the disciplinary committee has already awarded you punishment then you can challenge the second punishment rendered to you as violation of the fundamental right whereby no one can be punished for the same offence twice. file a writ petition in the high court for direction to the Chief Commissioner to decide your appeal. Meanwhile you can also approach the court against the violation of the fundamental right.
Regarding the case on merit, the case file needs to be perused for better advice.
