I am a CPSU employee. I have criminal cases pending in court of ACJM (SPE Cases) Jaipur under section 120B/420/467 etc of IPC based on FIR/investigation by CBI.FIR included Sections of PC Act also,apparently dropped in charge sheet by CBI as they could not get requisite sanction from employer . FIR was filed by CBI basis information from own source & court cases are named as CBI vs (...).. Although, my employer has conducted a depart. inquiry based on CBI report and imposed penalty (in 2008) after consultation with CVC, despite the same, the employer is still following sealed cover procedure due to pending court case (in line with Jankiraman case) of keeping promotions in sealed cover for two years and then giving ad-hoc promotions after consulting with CBI. My specific questions are:
1.Is this not double jeopardy (article 20 of Indian Constitution) -once I was subjected to sealed cover procedure due to depart. enq. & after it is over, again due to court case - based on same report/ investigation?
2.Does my employer need to take cognizance at all of cases which are filed by CBI (& not by employer/government)?
3.If all criminal offences are supposed to have been committed against the State then only state (& not CBI) is authorized to file a case ?
Asked 7 years ago in Criminal Law
Religion: Hindu