S A VENKATARAMAN versus THE UNION OF INDIA AND ANOTHER

S A VENKATARAMAN versus THE UNION OF INDIA AND ANOTHER

An enquiry made and concluded under the Public Servants (Inquiries) Act, 1850, does not amount to prosecution and punishment for an offence as contemplated by Article 20(2) of the Constitution. Therefore, subsequent criminal prosecution for the same facts is not barred by Article 20(2).

Parties
Petitioner: S.A. Venkataraman; Respondent: Union of India
Jurisdiction
India
Judgment Date
30 March 1954
Procedural Posture
Petition Under Article 32 / Final Judgment on Writ Petition
Outcome
Petition dismissed
Legal Topics
Article 20(2) Double Jeopardy, Public Servants (inquiries) Act, 1850, Dismissal of Public Servants, Criminal Prosecution Post Departmental Enquiry
Constitutional Law Administrative Law Article 20(2) Double Jeopardy Public Servants (inquiries) Act, 1850 Dismissal of Public Servants Criminal Prosecution Post Departmental Enquiry

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Parties

S.A. Venkataraman

Petitioner

Union of India

Respondent

Procedural Posture

Petition Under Article 32 / Final Judgment on Writ Petition

Legal Issues

  1. 1 Whether an enquiry and dismissal under the Public Servants (Inquiries) Act, 1850 amount to prosecution and punishment for the purposes of Article 20(2) of the Constitution
  2. 2 Whether subsequent criminal prosecution for the same facts is barred by Article 20(2)

Ratio Decidendi

An enquiry made and concluded under the Public Servants (Inquiries) Act, 1850, does not amount to prosecution and punishment for an offence as contemplated by Article 20(2) of the Constitution. Therefore, subsequent criminal prosecution for the same facts is not barred by Article 20(2).

Court Disposition

Petition dismissed

Orders

  • The petition is dismissed.