Supreme Court of India

S.A. Venkataraman v Union of India

AIR 1954 SC 37519541 min read
The case in brief30-second read
Facts
A government servant was dismissed after an inquiry under the Public Servants (Inquiries) Act, 1850. He was later prosecuted for offences under the IPC and the Prevention of Corruption Act on the same facts.
Issue
Whether the departmental inquiry and dismissal amounted to prosecution and punishment, so that Article 20(2) barred the criminal case.
Held
The inquiry was a fact-finding administrative process and not a prosecution, and dismissal was not punishment for an offence. Article 20(2) did not bar the later prosecution.
Principle
Departmental proceedings are not prosecution under Article 20(2) and do not bar a criminal trial.
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Facts

  • A government servant was dismissed after an inquiry under the Public Servants (Inquiries) Act, 1850. He was later prosecuted for offences under the IPC and the Prevention of Corruption Act on the same facts.

Issue

  1. Whether the departmental inquiry and dismissal amounted to prosecution and punishment, so that Article 20(2) barred the criminal case.

Held

  • The inquiry was a fact-finding administrative process and not a prosecution, and dismissal was not punishment for an offence. Article 20(2) did not bar the later prosecution.

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Citation

S.A. Venkataraman v Union of India AIR 1954 SC 375

Reported: https://indiankanoon.org/doc/1640660/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.