I have been issued with 3 showcases with cases of Poultry, KCC, and Micro loans. Then after that, I was issued a chargesheet with only the cases of poultry from the 1st showcause letter, which also had other accounts viz KCC, Micro. Later, before the conclusion of the 1st chargesheet, I was also issued with another chargesheet with a few KCC cases, poultry, and micro loan cases.
Kindly advise if it is legal to issue two chargesheets by segregating the cases from the showcause.
From India, Indore
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Kindly advise if it is legal to issue two chargesheets by segregating the cases from the showcause.
From India, Indore
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There is no legal requirement that all items stated in the show cause notice have to be put together in the charge sheet. The charge sheet could be either all put together or segregated subject-wise, event-wise, or chronologically, etc. Please check if there is anything specific mentioned in the rules applicable in the matter, but it is not likely.
From India, Mumbai
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1594From India, Mumbai
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but sir then i shall be expecting another charge sheet for remaining cases .more over the investigations were also concluded before issuance of show cause. and penalty has been awarded .
From India, Indore
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From India, Indore
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Pl. clarify, is punishment already issued and charge sheets are under issue? You have to give details and can give private message using the forum if you wish to keep this private
From India, Mumbai
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From India, Mumbai
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Punishment has been issued for the first charge sheet. I am receiving a subsistence allowance on which the punishment has been implemented. The management is in the process of another punishment for the 2nd charge sheet with the same subject line as in the first charge sheet.
From India, Indore
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From India, Indore
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Understanding Double Jeopardy in Chargesheets
Again, we are not clear whether the charge sheet corresponds to the same incident or relates to different incidents, although the nature of the charges is the same. In the case of the former, the Constitution of India has adopted the principle of 'Double jeopardy' under Article 20(1), which means a person cannot be punished twice for the same offense. This principle applies in this case, and the second punishment may become invalid in law.
But in the latter case, there is no bar as otherwise being punished once becomes insurance against subsequent punishment for the same misconduct; therefore, that cannot be the interpretation. Perhaps the latter would be the case as the terminology 'the same subject line' does not clarify the position.
From India, Mumbai
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Again, we are not clear whether the charge sheet corresponds to the same incident or relates to different incidents, although the nature of the charges is the same. In the case of the former, the Constitution of India has adopted the principle of 'Double jeopardy' under Article 20(1), which means a person cannot be punished twice for the same offense. This principle applies in this case, and the second punishment may become invalid in law.
But in the latter case, there is no bar as otherwise being punished once becomes insurance against subsequent punishment for the same misconduct; therefore, that cannot be the interpretation. Perhaps the latter would be the case as the terminology 'the same subject line' does not clarify the position.
From India, Mumbai
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