GANESH THAKUR Vs. DIRECTOR GENERAL BORDER ROADS ORGANIZATION

JUDGEMENT

(1.) IN the given case the question falls for consideration is:- Is simultaneous proceedings __ one under the CCS (CCA) Rules, 1965 and another under the Army Act 1950 and Rules, 1954 against the present petitioner for the same incident/for the same act double jeopardy as provided under Article 20(2) of the Constitution of INdia. This Court also is of the considered view that the present question is already answered by the decisions of the Apex Court in (1) R. Viswan and Ors. Vs. Union of INdia and Ors. : (1983) 3 SCC 401 (Constitution Bench) and (2) Union of INdia and Ors. Vs. Sunil Kumar Sarkar : AIR 2001 SC 1092 in the light of the facts and reasons discussed in the following paras.

(2.) HEARD Mr. A.R. Malhotra, learned counsel appearing for the petitioner and Mr. S. N. Meitei, learned counsel appearing for the respondents.

(3.) BASING on the report of the Court of enquiry, composition of which are mentioned in the said order dated 20.6.08, the Director General, Border Road passed an order being No. 60314/510 SS and TC/DGBR/06/Vig dated 18th Dec. 2008 for drawing up disciplinary proceeding under Rule the misappropriation of Impress/Government money to the tune of Rs. 5,51,100/- (Rupees five lakh fifty one thousand one hundred only) and call upon the writ petitioner to pay Rs. 5,51,100/- (Rupees five lakh fifty one thousand one hundred only) to make good the loss caused to various personnel against whose IRLAs he could manage the said misappropriation of money. In the event of his being unwilling to pay the amount, he should forward his reasons, for which further action be taken under Section 91(g) of Army Act, 1950. For easy reference the said order of the Director General, Border Road is quoted hereunder: