cannot be allowed. She claimed that it is a case of double
jeopardy under Article 20(2) of the Constitution of India. She
submitted that ... clearly a case
of double punishment i.e double jeopardy. She also relied
upon Section 300 of Code of Criminal Procedure.
6. The argument advanced
from the
remission register be quashed as it amounts to double
jeopardy.
3.
Thus, the petitioner has no grievance in respect ... 2310-14.doc
is a case of double jeopardy under Article 20(2) of the
Constitution of India. She submitted that on account of
overstay
folds; one, that the order of punishment amounts to double jeopardy as the petitioner had already been awarded punishment for his misconduct by which ... scale and by awarding censure entry. It is a case of double jeopardy as he has already been awarded punishment.
Insofar as first submission
enunciates the
principle of "autrefois convict" or "double
jeopardy". The roots of that principle are to be
found in the well ... jury on
the issue is whether the defendant has
previously been in jeopardy in respect of the
charge on which he is arraigned
respondent is unconstitutional as
being barred by the legal maxim of „double jeopardy‟.
14. Per contra, learned counsel for the respondents opposed the
petition ... contended that it is not a case of double jeopardy and
therefore, the punishment of dismissal based on the conviction is fully
justified and there
cannot be
allowed. She claimed that it is a case of double jeopardy
under Article 20(2) of the Constitution of India. She
submitted that ... clearly a case of double
punishment i.e double jeopardy. She also relied upon
Section 300 of Code of Criminal Procedure.
6. The argument advanced
offence under Section 120B I.P.C., will it amount to double jeopardy"?
15. As a legal proposition, there is no quarrel that principle ... applicable in criminal cases and there exists a constitutional bar against double jeopardy but question is, whether here is a case where these two principles
penalty based on the same
cause of action would amount to double jeopardy. The Supreme Court held:-
"4. Reading of the show-cause notice ... penalty based on
the same cause of action would amount to
double jeopardy. The Tribunal was, therefore,
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service, may not be held to be illegal on ground of double jeopardy.
Per contra, learned counsel for the respondents submitted that the plaintiff/respondent ... removal from service amounts is hit by principle of "double jeopardy", as imposition of two punishments for one and same wrong
service, may not be held to be illegal on ground of double jeopardy.
Per contra, learned counsel for the respondents submitted that the plaintiff/respondent ... removal from service amounts is hit by principle of "double jeopardy", as imposition of two punishments for one and same wrong
