JAMAL MASIH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of CWP Nos. 3081, 1390, 1395, 1566, 4833, 6447, 6369 and 7150 of 1996 as the question of law involved in all the cases is common.

(2.) Alleged to have been subjected to double jeopardy, the petitioners have prayed for quashment of the impugned orders by which they have been placed under suspension, charge-sheeted and are being dealt with, with the object of awarding punishment. The action of the respondents is alleged to be contrary to the provisions of Section 26 of the General Clauses Act and the guarantee of fundamental rights was enshrined in Article 20(2) of the Constitution of India.

(3.) All the petitioners are the conductors of Punjab Roadways who are alleged to have violated the provisions of law by allowing various passengers to travel in their buses without tickets. After checking, they were fined on the spot by the Inspectors of the respondents vide various orders attached with the writ petitions. The fines imposed are admitted to have been paid by the erring petitioners, after imposition of fines, the petitioners were suspended and served with impugned charge sheets.