BIRATA BEHARA Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) This application originated as a Writ Petition bearing C.R. No. 9785(W)/80 before the High Court at Calcutta and has come before us for hearing today.

(2.) In this application, the applicant complains that in respect of the same charge levelled against him on 17.4.1980 and in respect of which a penalty was imposed on him by order, dated 14.5.86, a fresh charge -sheet was served on him on 15.9.80 by the same Disciplinary Authority.

(3.) Mr. N.R. Chatterjee, counsel appearing for the applicant, submits that having subjected the applicant to a punishment in respect of certain charges, the respondents were not right in issuing a fresh charge -sheet without cancelling the earlier proceedings. The applicant had filed an appeal against the earlier order imposing penalty on him. But he has not heard anything about this appeal so far. He, therefore, complains that this is a case of double -jeopardy under Article 20 of the Constitution.