LAWS(MAD)-2019-9-249

G.BALASUNDARAM Vs. SECRETARY

Decided On September 24, 2019
G.BALASUNDARAM Appellant
V/S
SECRETARY Respondents

JUDGEMENT

(1.) Instant Review Application is filed against the common judgment of this court dated 28.7.2015 made in W.A. Nos.836 of 2011 and 727 of 2015, by which we declined to interfere with the order of the writ court, impugned in the writ appeals. The operative portion of the judgment impugned, reads thus:

(2.) The said judgment is assailed in review, on the grounds that imposition of more than one punishment for the same set of charges, is not correct. The imposition of punishment of stoppage of increment for one year and treating the period of suspension from 26.2.1999 to 24.2.2000, as not on duty, amounts to double jeopardy. According to jurisprudential principle of double jeopardy, no one shall be punished for the same offence more than once.

(3.) It is the contention of the review applicant that the Hon'ble Division Bench ought to have seen that 11 charges framed against the review applicant, out of which nine charges have been dropped. When substantial portion of the charges had been dropped, then suspension is unjustified. According to the review applicant, since punishment of stoppage of increment for one year without cumulative effect has been imposed, the suspension period cannot be treated as non-duty.