Legal Question in Civil Rights Law in India

One of the employee who was charge sheeted for false birth certificate & duly punished( dismissal) by the Disciplinary Authority . appellate authority before his two days of his retirement exonerate and reinstate the employee. I would like to know can a separate charge be issued for the same offense .
here I would like to mentioned that during the process of inquiry ,Govt. authorities issued a letter stating that school declared by the employee does not exist, hence certificate produced by the employee was not valid, my question is that since new fact has emerged which was not examined by inquiry officer nor by the DA,can he be charged for the offense emerged on new fact.since law of double jeopardy does not apply in departmental inquiries. is there any case law on this. please advice in detail in favour of justice.
Thanks,
Rajani Kant Rai

Asked on 10/01/10, 8:36 am

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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case law is clear, its article 21 of the constitution that guarantees fundamental right against double jeopardy.

Answered on 10/02/10, 2:06 am

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