Legal Question in Criminal Law in India
simultaneous departmental enquiry as well as criminal trial for same offence
A false case has been registered against me of molestation by my student.Chargesheet in the court .Govt suspended and want to do departmetal trail as well .How can i be punisher twice for the same offence
4 Answers from Attorneys
Re: simultaneous departmental enquiry as well as criminal trial for same offence
Departmental Inquiry and Criminal Trial are different. Double Jeopardy principle is applicable to two criminal trials for same offence.
Re: simultaneous departmental enquiry as well as criminal trial for same offence
Both are different. departmental enquiry is not a court case.
Re: simultaneous departmental enquiry as well as criminal trial for same offence
It is a misconduct of an employee during course of employment which invites departmental enquiry and as molestation is a criminal offence also hence the same is subject to criminal trial in court of law.
Re: simultaneous departmental enquiry as well as criminal trial for same offence
It is subject to criminal trial as the principle applies for getting two time convictions for the same offence.
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