Shyam Pundalik Gawade v. The Police Dept., Thr. Supd. Of Police And ANR

2-WPCR-51-23.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 51/2023 SHYAM PUNDALIK GAWADE ... Petitioner.

Versus

THE POLICE DEPT., THR. SUPD. OF POLICE AND ANR

...Respondents.

Mr. L. Raghunandan, Advocate under Legal Aid Scheme for the Petitioner.

Petitioner present in person.

CORAM :

NITIN JAMDAR, ACTING CJ. & BHARAT P. DESHPANDE, J DATE :

13th July 2023 P.C. :

1.

The Petitioner, who is represented by an Advocate through legal aid, is questioning his termination from service. Further he seeks direction to reinstate him and claims financial benefits and promotion.

2.

The Petitioner had earlier filed a Writ Petition bearing No. 895/2915, seeking identical prayers. The petition was rejected by an order dated 17th February 2016, finally concluding thus : "8. Taking note of the said observations and considering the material placed on record by the Respondents as the dismissal of the Petition has been upheld by the Hon'ble Supreme Court, we find that the Petitioner is not entitled for any relief in exercise of the jurisdiction under Article 226 of the Constitution of India by reopening the issues which have been finally decided."

13/07/23

2-WPCR-51-23.DOC 3.

In the year 2016 itself this Court has opined that the issues which have been finally decided cannot be reopened, yet this Petition is filed in the year 2023 seeking again to reopen the issues. There is no merit in the Petition. The Petition is, accordingly, rejected. Assistance rendered by the Counsel appointed through legal aid, is appreciated.

(BHARAT P. DESHPANDE, J.) (ACTING CHIEF JUSTICE) SANTOSH S MHAMAL by SANTOSH S MHAMAL Date: 2023.07.13 17:20:21 +05'30'

13/07/23