AIR 1975 SUPREME COURT 2277 ::1975 LAB. I. C. 1681 ::1976 (1) SCC 234 ::1975 UJ (SC) 901 ::31 FacLR 355 ::1976 2 LabLJ 17 ::1976 ServLJ 1 ::1976 2 SCR 128 ::(1976) 1 SCWR 186

Supreme Court Of India

(From: ILR (1967) 19 Assam 61)

Hon'ble Judge(s): V. R. Krishna Iyer, A. C. Gupta , JJ

Constitution of India , Art.311— Disciplinary enquiry - Delinquent exculpated after enquiry and reinstated - Government can re-open the proceedings only if the rules vest some such revisory power. No rule of double jeopardy bars but absence of power under a rule inhibits a second inquiry by the Disciplinary authority after the delinquent had once been absolved. Once a disciplinary case has closed and the official re-instated, presumably on full exoneration, a chagrined Government cannot re-start the exercise in the absence of specific power to review or revise, vested by rules in some authority. @page-SC2278 The basics of the rule of law cannot be breached without legal provision or other vitiating factor invalidating the earlier enquiry.(Para 3 4)