Basudeb Mukherjee vs The State Of West Bengal & Anr
2023 Latest Caselaw 3958 Cal

   02
20.06.2023

WP.ST 24 of 2023 KAUSHIK Basudeb Mukherjee Vs.

The State of West Bengal & Anr.

Mr. Bikash Ranjan Neogi Ms. Ananya Neogi ... for the petitioners

Mr. Tapan Kumar Mukherjee, Learned AGP Ms. Tuli Sinha ... for the State

The writ petition is directed against an order

dated September 2, 2022 passed in O.A. 1460 of 2013.

Elaborate arguments were advanced on behalf of

the writ petitioner with regard to the validity of the

disciplinary proceeding resulting in an order of dismissal.

Learned Additional Government Pleader appearing

for the State submits that, the same impugned order of the

learned Tribunal passed in O.A. 1460 of 2013 was assailed on

behalf of the State by way of WP.ST 2 of 2023, which was

disposed of by a judgment and order dated March 20, 2023.

He submits that, the parties before the learned Tribunal are

now bound by the judgment and order dated March 20, 2023

passed in WP.ST 2 of 2023. He contends that the writ

petitioner contested WP.ST 2 of 2023 and was aware of the

judgment and order dated March 20, 2023. The writ

petitioner suppressed the same.

Apparently, two writ petitions were filed directed

against the impugned order dated September 2, 2022 passed

in O.A. 1460 of 2013. The first in point of time was the writ

petition being WP.ST 2 of 2023 on behalf of the State. The

second in point of time is the present writ petition.

The present writ petition, was apparently filed on

February 14, 2023.

During the pendency of the present writ petition,

the first writ petition being WP.ST 2 of 2023 was dismissed

by the judgment and order dated March 20, 2023 by the Co-

ordinate Bench. The impugned order of the learned Tribunal

dated September 2, 2022 passed in O.A. 1460 of 2013 was

affirmed.

WP.ST 2 of 2023 was contested on behalf of the

writ petitioner herein.

The writ petitioner herein did not raise the

contentions as sought to be raised in the present writ petition

in WP.ST 2 of 2023. Since, WP.ST 2 of 2023 and WP.ST 24

of 2023 were both directed against the impugned order dated

September 2, 2022 passed in O.A. 1460 of 2013 and were

between the same parties and/or parties claiming title

through the same persons, the writ petitioner herein, is

visited by the principles of res judicta and/or constructive res

judicata and the principles analogous thereto.

In such circumstances, we find no merit in the

present writ petition.

WP.ST 24 of 2023 is dismissed without any order

as to costs.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)