Departmental Enquiry Once Dropped Cannot Be Revived by a Second Charge-Sheet on Same Charges: Rajasthan High Court

The petitioner challenged a charge-sheet of 31.01.2002, issued under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958, alleging misappropriation of Rs 3,822 (paras 1, 6). Earlier departmental action had required him to deposit that amount, which he did on 30.06.1989; the District Collector, Tonk then decided to drop the matter, and the Tehsildar closed the proceedings by an order of 18.07.1991 (paras 2, 6). A criminal case under the Prevention of Corruption Act for the same misappropriation ended in his acquittal by the Special Judge, Jaipur, on 26.09.2000 (para 6). He retired while the petition was pending; his counsel said the retiral dues were withheld (para 3). No one appeared for the respondent (para 4).

Once a disciplinary enquiry is closed or dropped, the matter comes to an end; without a specific power to review, revise or re-initiate it, the Disciplinary Authority cannot start a second enquiry on the same subject, and such an enquiry amounts to double jeopardy (para 7). Citing State of Assam v. J.M. Roy Biswas, the Court noted that the absence of such a power under the rules inhibits a second enquiry after the employee has once been absolved (para 8). A second charge-sheet on the same set of facts is impermissible, being hit by Article 20(2) of the Constitution; Lt. Governor, Delhi v. HC Narinder Singh holds that a second penalty on the same cause of action is double jeopardy, and Union of India v. Kunisetty Satyanarayana that an employee exonerated on a charge after a regular enquiry cannot face a second enquiry on it (paras 9-10). Here the Disciplinary Authority itself had closed the matter in 1991 and a competent court had acquitted the petitioner, so there was no good reason for a fresh charge-sheet; the action was arbitrary and unjustified (para 11). No rule permitted a second enquiry on the same charges (para 12).