Lal Bahadur Singh vs Union Of India (Uoi) And Ors. on 14 August, 2007
But before that the other decision relied upon by the learned Counsel for the applicant in the case of R.P. Jadeja (supra) may also be looked into. In that case the applicant had faced a departmental proceeding in which 2 out of 3 charges were found to be substantiated in the report. The Disciplinary Authority recorded punishment of dismissal from service holding that all the 3 charges were proved. An appeal was preferred and the Appellate Authority, vide order dated 4.8.98 set aside the findings of the Disciplinary Authority so far Article No. 3 of the charge-memo was concerned and reduced the quantum of punishment by reinstating the applicant in service and imposing penalty of reduction of pay for two stages for a period of 4 years with effect from 8.10.97. This order of the Appellate Authority was accepted by the applicant of the case, but then he received a notice dated 7.5.99 telling him that the Revisional Authority, in exercise of powers under Rule 29 of the 1965 Rules, proposed review of the order of the Appellate Authority and, with a view to award a suitable penalty, asked the applicant to show-cause as to why review should not be done. The applicant submitted his show-cause but received an order dated 24.12.2001 stating therein that the reviewing/Revisional Authority had accepted the advice of the U.P.S.C. and had set aside the orders of the authorities below him and directed restart of the proceedings from the stage of communicating the reasons of disagreement of Disciplinary Authority with the findings of the Enquiry Officer. In this case, a clear stand was taken by the applicant that this order was recorded when the applicant had already undergone the entire punishment awarded by the Appellate Authority, hence restarting the proceedings with a view to award major punishment would amount to double jeopardy. The Hon'ble Members held that the maxim Nemo debit bis vexari clearly applied which stipulated that no person should be vexed twice.