Principle: Article 20(2) embodies the protection against Double Jeopardy: no person shall be prosecuted and punished for the same offence more than once.
Facts: A government employee is dismissed from service after an internal departmental inquiry for corruption. Can he subsequently be criminally prosecuted in court?

Answer and explanation

Correct answer: B. Yes, departmental inquiry is not a prosecution before a court of law

  1. Step 1: Examine the scope of Article 20(2) (Maqbool Hussain v. State of Bombay).
  2. Step 2: The protection applies only when both the prosecution and punishment are before a court of law or judicial tribunal.
  3. Step 3: Departmental disciplinary proceedings are administrative inquiries, not judicial trials; hence, subsequent criminal prosecution is valid.
Answer
Yes, departmental inquiry is not a prosecution before a court of law.

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