https://www.taxtmi.com/caselaws?id=168217 Article 20(2) is attracted only where a person has already been prosecuted and punished for the same offence in a criminal proceeding before a competent court or judicial tribunal. A departmental or fact-finding enquiry under the Public Servants (Inquiries) Act, 1850, even if it uses sworn evidence and compulsory process, remains an administrative process to assist disciplinary decision-making. The Commissioner's report is only advisory, and dismissal following the enquiry is employer disciplinary action, not punishment for an offence. The subsequent criminal prosecution was therefore not barred by Article 20(2). en-us Tue, 30 Mar 1954 00:00:00 +0530 Tue, 03 Feb 2015 14:52:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=168217 Article 20(2) is attracted only where a person has already been prosecuted and punished for the same offence in a criminal proceeding before a competent court or judicial tribunal. A departmental or fact-finding enquiry under the Public Servants (Inquiries) Act, 1850, even if it uses sworn evidence and compulsory process, remains an administrative process to assist disciplinary decision-making. The Commissioner's report is only advisory, and dismissal following the enquiry is employer disciplinary action, not punishment for an offence. The subsequent criminal prosecution was therefore not barred by Article 20(2). Case-Laws Indian Laws Tue, 30 Mar 1954 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=168217