The High Court quashed a second charge-sheet issued on the same allegations regarding fare withdrawal that had previously been dropped following a preliminary enquiry and a warning.
The impugned charge-sheet dated 22.07.2008 is quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.12999 of 2009 (O&M) Date of Decision: 25.07.2011
Balbir Singh Saini
VS.
State of Punjab & Anr.
. . . . Respondents
CORAM : HON’BLE MR.JUSTICE SURYA KANT
1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. Sanjeev Gupta, Advocate for the petitioner
Ms. Charu Tuli, Sr. DAG Punjab
SURYA KANT J. (ORAL)
(1). The allegation that the petitioner unauthorisedly withdrawn the fare of Rs.22.50 paise by showing a bogus tour on 04.02.2006 was earlier enquired into by way of preliminary (fact-finding) enquiry and the competent authority, having regard to the fact that the senior officers of the Department and the Gram Panchayats of the nearby villages praised his work, took a lenient view in the matter and dropped the proceedings with a simple warning and advise to the petitioner to perform his duties more carefully in future. An order to this effect was passed on August 20, 2006 (Annexure P2). On the same allegation, the petitioner was served with a fresh regular charge-sheet
CWP No.12999 of 2009.doc
25.07.2011 (S u r y a K a n t) vishal shonkar Judge
2
2 issues framed by the court
Whether the principle of double jeopardy applies when a formal charge-sheet is issued after a preliminary enquiry dropped the matter on a warning.
Whether the second charge-sheet on the same allegations is sustainable given the earlier lenient treatment.
1 provisions across 1 enactments
Balbir Singh Saini
State of Punjab
SURYA KANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
