Can an Employee be punished Twice for same Misconduct? Let’s read what high court said.
In an important judgment protecting employee rights, the Allahabad High Court has ruled that a CISF personnel cannot be punished twice for the same misconduct. The court clearly stated that once a punishment has already been imposed, a second or harsher penalty for the same act is not allowed under service law.
The case involved a CISF constable who joined the force in 1987. He was earlier given a minor punishment in the form of withholding two annual increments and a fine of seven days’ pay. Despite this, when he became eligible to cross the efficiency bar in 1991, he was declared “Not Yet Fit” by the Efficiency Bar Board due to his past record.
Although the constable was later declared “Fit” in 1994 and allowed to receive increments, the three-year delay caused a permanent loss in his salary. Even after retirement, this reduction continued to affect his pension, leaving him at a disadvantage compared to other similarly placed personnel.
The petitioner challenged the decision, arguing that denial of the efficiency bar amounted to a second punishment for the same misconduct. He also questioned the validity of the Efficiency Bar Board’s decision.
Justice Subhash Vidyarthi agreed with the petitioner and observed that no person can be punished more than once for the same offence. The court noted that denying the efficiency bar had a cumulative and long-term impact on the petitioner’s pay and pension, which effectively turned it into a major punishment. This was unfair, especially when the constable had already suffered minor penalties for the same incidents.
The court further clarified that an efficiency bar can only be denied if an employee is genuinely found inefficient in performing official duties. Past punishments, especially when they do not reflect current efficiency, cannot be used again to block career progression.
The judge pointed out that the term “Not Yet Fit” suggested the board believed the constable was inefficient in earlier years, but the only material relied upon was the earlier minor punishments. These punishments, the court said, did not justify denying him the efficiency bar in the following years.
Reiterating that double punishment is not allowed, the Allahabad High Court allowed the writ petition. The court directed the authorities to recalculate the petitioner’s salary and service benefits and pay all pending arrears accordingly.
- Download Court Order PDF (This PDF is available for Premium Users Only. Click here to join premium)
