High Court of Punjab and HaryanaLPA/1946/2019dismissed

Hatinder Pal Singh v. State Of Punjab And Others

2020-02-24The Chief Justice,Mr. Justice Arun Palli2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

LPA LPA LPA LPA-1946 1946-2019 2019-2019 (O&M) 2019 (O&M) 2019 (O&M) 2019 (O&M) Date of Decision: February 24, 2020 Date of Decision: February 24, 2020 Date of Decision: February 24, 2020 Date of Decision: February 24, 2020 Hatinder Pal Singh .... Appellant

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR. JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR. JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR. JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR.

HON'BLE MR.

HON'BLE MR. JUSTICE ARUN PALLI, JUDGE JUSTICE ARUN PALLI, JUDGE JUSTICE ARUN PALLI, JUDGE JUSTICE ARUN PALLI, JUDGE Present: Mr. Puneet Gupta, Advocate for the appellant.

Ravi Shanker Jha, Chief Justice Ravi Shanker Jha, Chief Justice Ravi Shanker Jha, Chief Justice Ravi Shanker Jha, Chief Justice (Oral) (Oral) (Oral) (Oral) This appeal has been filed by the appellantpetitioner being aggrieved by an order dated 26.09.2019 passed in CWP-22162-2014 by which the petition filed by the appellant-petitioner seeking quashing of resolutions dated 17.02.2010 and 27.09.2010 passed by Municipal Council, Kot Fatta and subsequent order dated 28.10.2011 dismissing the appellant from service, has been dismissed.

From a perusal of the impugned order, it is evident that the learned Single Judge took note of the fact that a previous petition filed by the appellant i.e. CWP No. 1502 of 2013 had been dismissed by this Court and in such circumstances, the appellant could not be permitted to file a fresh petition taking up the same cause of action. On a VIRENDER KUMAR 2020.02.27 12:22 I attest to the accuracy and authenticity of this document

LPA LPA LPA LPA-1946 1946-2019 2019-2019 (O&M) 2019 (O&M) 2019 (O&M) 2019 (O&M) -2specific query being made by this Court, learned counsel appearing for the appellant fairly submits that this is the third time the appellant has approached this Court. It is informed that previously the appellant had filed a CWP No. 12695 of 2012 which was dismissed as withdrawn on 11.09.2012 and thereafter, CWP No. 1502 of 2013 was filed, which was also dismissed on 06.09.2014.

In view of the aforesaid undisputed facts, we do not find any illegality or perversity in the impugned order passed by the learned Single Judge dismissing the petition on the ground that the petitioner cannot be permitted to agitate this issue again and again by filing petitions once the challenge to the impugned order had already become final on account of the previous petition.

In the circumstances, we do not find any ground to entertain this appeal and the same is, accordingly, dismissed. (Ra (Ra (Ra (Ravi Shanker Jha) vi Shanker Jha) vi Shanker Jha) vi Shanker Jha) Chief Justice Chief Justice Chief Justice Chief Justice February 24, 2020 February 24, 2020 February 24, 2020 February 24, 2020 (Arun Palli) (Arun Palli) (Arun Palli) (Arun Palli) vkd Judge Judge Judge Judge Whether speaking / reasoned :

Yes / No Whether reportable :

Yes / No VIRENDER KUMAR 2020.02.27 12:22 I attest to the accuracy and authenticity of this document