Aurangabad: The Bombay High Court in Aurangabad has ruled that a new investigation and a new departmental proceeding for the same misconduct for which a person has already been punished, is not allowed.
Judges of Judge Ravindra Ghuge and Judge Sanjay Mehare overturned and overturned the orders of the Railway Protection Division (RPF) of June 19 and 25 of last year to serve a new indictment and proceedings full-fledged ministerial investigation against an Assistant Deputy Inspector (ASI), who has already received a minor sentence for claiming excess travel allowance.
“We concluded that the attacked action of the Force (FPR) by issuing the orders of 19.6.2020 and 25.6.2020 for the preparation and issuance of a new indictment and a full-fledged departmental investigation being open under Chapter XII of the Rules cannot be continued under Rule 219.4 (b), “the judiciary said while partially allowing ASI Ramrao Shinde’s petition.
The HC observed that the issuance of a new indictment in order to open a new ministerial investigation would not be allowed, “although such an investigation is not a second investigation carried out by the Gendarmerie, taking into account the fact that no ministerial investigation was carried out in the disciplinary proceedings initiated against the applicant which resulted in the sanction order of 22.7.2019. ”
In May 2019, the Deputy Security Commander in Bhusawal opened a ministerial investigation against ASI Ramrao Shinde for obtaining excess travel allowance. After being found guilty, the divisional high commissioner for security, given Shinde’s background, imposed a minor sentence on him in the form of a suspension of six months of increase. As a result, an amount of Rs 19,350 was deducted from Shinde’s salary.
However, on November 8, 2019, the RPF Chief Safety Commissioner exercising powers under the 1987 Rules of the Railway Protection Force called the previously granted sanction insufficient and issued a notice requesting the ‘opinion from Shinde.
On December 2, 2019, the Chief Security Commissioner issued an order revoking the previous sentence of a six-month hiatus hike and ordered the Division’s Senior Security Commissioner, Bhusawal, to issue a new act. charge for a major penalty.
Thus, on June 25, 2020, another indictment was filed by the disciplinary authority and the divisional safety commissioner and issued directives for the reimbursement of the amount deducted for previous minor sentences.
Shinde challenged this decision through his lawyer Swapnil Patil on the grounds that a new indictment and a new investigation were not legally defensible.