Vexed twice

  1. An accused cannot be vexed twice for the same offence. Muhammad Feroz Khan  v. Muhammad Riaz and 2 others 2003 SCR 3 (B)
  2. It is a celebrated principle of law that nobody can be vexed twice. Habibullah v. D.I.G. Police & 3 others 2004 SCR 378 (C)
  3. Inquiry — regarding the period of absence and period consumed during the inquiry — the inquiry was conducted against the respondents on account of absence from duty and they were removed from service.  On appeal the appellate authority set aside the removal orders of the respondents and exonerated them of the charge — however, the Superintendent of Police was directed to probe into the matter regarding the period of absence and the period consumed during the inquiry whether the same can be treated as leave on pay or without pay — held: once a civil servant is exonerated from the allegations, the said allegations cannot be made foundation for any adverse action against an accused civil servant.  Further held: if a civil servant is again charge-sheeted on the allegations of which from which he has already been exonerated then it may amount to vexed twice the civil servant, which is not permissible under law. S.P. Reserve v. Khalid Mehmood 2014 SCR 967 (A)
  4. — Chairman AJK Council v. Muhammad Munir Raja & others  2017 SCR 1168 (M/1) 2014 SCR 967 & 2004 SCR 378 rel
  5. Once a civil servant is punished or acquitted of the charges, he cannot be again inquired into or tried on the same set of allegations.Chairman AJK Council v. Muhammad Munir Raja & others  2017 SCR 1168 (O)  1988 PLC (CS) 199 & 1988 PLC (CS) 211 rel.
  6. —once a civil servant is exonerated from the allegations, the said allegations cannot be made foundation for any adverse action against a civil servant. I.G Police Prisons vs Shezaib Ali & others 2018 SCR 409 (A) 2014 SCR 967 rel
  7. —if a civil servant is again charge-sheeted on the allegations for which he has already been punished then it may amount to vex him twicely. I.G Police Prisons vs Shezaib Ali & others 2018 SCR 409 (B)
  8. — Once a civil servant is exonerated from the allegations, the said allegations cannot be made foundation for any adverse action against an accused or civil servant. If a civil servant is again charge-sheeted on the allegations from which he has already been exonerated then it may amount to vexed twice this civil servant, which is not permissible under law. D.I.G. Police & another v. Adeel Afsar & another  2022 SCR 1210 (A) 2014 SCR 967 ref.
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