Praveen Kumar Sharma vs The Union Of India ...
2021 Latest Caselaw 8835 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- SPECIAL APPEAL No. - 78 of 2019
 
Appellant :- Praveen Kumar Sharma
 
Respondent :- The Union Of India Throu.Secy.Ministry Of Home And Ors.
 
Counsel for Appellant :- Amit Bose,Mohd. Shujauddin Waris,Sankalp Dewari
 
Counsel for Respondent :- A.S.G.
 

 
Hon'ble Ritu Raj Awasthi,J.

Hon'ble Dinesh Kumar Singh,J.

Heard Mr. Amit Bose, learned Senior Advocate assisted by Mr. Sankalp Dewari, learned counsel for the appellant as well as Mr. S.B. Pandey, learned Senior Advocate and learned Assistant Solicitor General of India assisted by Mr. Anand Dwivedi, learned counsel for the respondents.

The present special appeal has been filed impugning the judgment and order dated 31.1.2019 passed by the learned Single Judge in Writ Petition No. 2789 (SS) of 2019. The writ petition filed by the petitioner challenging the punishment order dated 16.1.2009 as well as the orders dated 4.3.2010 and 24.11.2010 passed by the appellate authority and the revisoinal authority respectively has been dismissed as being misconceived.

The appellant-petitioner earlier filed Writ Petition No. 1106 (SS) of 2011 impugning the same very orders, however, the said writ petition was dismissed vide judgment and order dated 7.1.2015. Aggrieved by the aforesaid order dated 7.1.2015 passed by the learned Single Judge, Special Appeal No. 37 of 2015 was preferred which also came to be dismissed by the order dated 29.7.2015. Against the judgment and order passed by the Division Bench, the appellant-petitioner preferred SLP (C) No. 1780 of 2016 and the Hon'ble the Supreme Court dismissed the said SLP vide order dated 1.2.2016.

This is the second round on the same cause of action.

It has been submitted by learned counsel for appellant that no opportunity was provided to the appellant-petitioner and, therefore, there was violation of Rule 30 of the Central Reserve Police Force Rules, 1955.

The learned Single Judge has dismissed the writ petition on the ground that now this ground is not available to the appellant-petitioner and the appellant-petitioner cannot maintain the second writ petition on the same cause of action urging a new ground. Subsequent writ petition is barred by principle of res judicata.

We find no infirmity in the judgment and order passed by the learned Single Judge and we are in agreement with the view taken by the learned Single Judge. We find no merit in this special appeal. It is accordingly dismissed.

[Dinesh Kumar Singh, J.] [Ritu Raj Awasthi, J.]

Order Date :- 28.7.2021

Santosh/-