Double Jeopardy Bars Enhanced Departmental Penalty After Criminal Conviction and Appeal: Delhi High Court

The Delhi High Court has held that the principle of double jeopardy prevents an employer from imposing an enhanced departmental penalty on a public servant after he has been convicted in a criminal appeal arising from the same facts.

The Court observed that once an employee has been tried and convicted in criminal proceedings, the employer cannot revisit the same conduct to impose a stiffer disciplinary action, as this would amount to multiple punishments for the same offence. 

It emphasised that departmental action must be proportionate and cannot be used to penalise an individual again for conduct already adjudicated in criminal courts.

The order reinforces the protection against being penalised twice for the same act.

[Ashok Kumar v. Commissioner of Police & Ors.]