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TMI Blog2003 (3) TMI 765X X X X Extracts X X X X X X X X Extracts X X X X ..... ving of the respondent. In the said accident, one person died and other person suffered injuries. In the claim petition filed before the Motor Accidents Claims Tribunal, an award was passed which resulted in the loss of ₹ 1,12,950/- to the Transport Department of the State. A charge-sheet was issued under Rule 7 of Haryana Civil Services (Punishment and Appeal) Rules. 1987 (for privet 'the Rules'). After holding enquiry, a punishment was imposed on him reducing the pay to the minimum of the minimum of time scale of Driver for a period of four years by the order dated 12.3.1990. This order was passed against him in the wake of the orders of the Motor Accidents Claims Tribunal, Kurukshetra. On account of causing of the same acci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis of the conviction and sentence passed against him. After trial, the suit was dismissed. Aggrieved by judgment and decree passed by the trial court, the respondent filed an appeal before the appellate court. The appeal was also dismissed. Not being satisfied with the order passed in the appeal, the respondent filed second appeal before the High Court. The same was allowed setting aside the decrees passed by both the courts below only on the ground that an employee could not be punished twice for the same offence in view of Article 20(2) of the Constitution of India as no person shall be prosecuted and punished for the same offence more than once. Hence, this appeal questioning the validity and correctness of the impugned judgment and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned judgment for the very reasons stated in the impugned order. 4. From the facts that are not in dispute, it is abundantly clear that the order dated 12.3.1990 was passed against the respondent reducing the pay to the minimum of time scale of Driver for a period of four years on account of his causing loss and bringing bad name to the Department in the light of the order passed by the Motors Accidents Claims Tribunal, that too after holding enquiry under the Rules after giving him opportunity. The second order dated 17.9.1992 was passed on the basis of the conviction and sentence passed against him by the competent criminal court for the offence under Section 304-A IPC which was permissible under the Rules. These being the facts, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epending on the grounds. 6. A three Judge Bench of this Court in Union of India and Anr. v. P.D. Yadav (2002)1SCC405 . While dealing with more or less a similar contention with regard to double jeopardy, has held thus:- A contention, though feebly, was advanced on behalf of some of the respondents that forfeiture of pension in addition to the punishment imposed under Section 71 of the Army Act amounted to double jeopardy. In our view, this contention has no force. There is no question of prosecuting and punishing a person twice for the same offence. Punishment is imposed under Section 71 of the Army Act after (sic) by Court Martial. Passing an order under Regulation 16(a) in the matter of grant or forfeiture of pension comes thereaft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... than once. Offences such as criminal breach of trust, misappropriation, cheating, defeating etc.. may give rise to prosecution of criminal vide and also for action to civil court/other forum for recovery of money by way of damages etc.. unless there is a bar created by law. In the proceedings before General Court Martial, a person is tried for an offence of misconduct and whereas in passing order under Regulation 10(a) for forfeiting pension, a person is not tried for the same offence of misconduct after the punishment is imposed for a proven misconduct by the General Court Martial resulting in cashiering, dismissing or removing from service. Only further action is taken under Regulation 16(a) in relation to forfeiture of pension. Thus, pu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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