Joginder Pal v. Union Of India And Others

CWP-27668-2022 -12023:PHHC:089501

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-27668-2022 (O&M) Date of Decision: 17.07.2023 Joginder Pal ... Petitioner

Versus

Union of India and others ... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. D.S. Kahlon, Advocate for the petitioner.

Ms. Sharmila Sharma, Advocate for the respondents-UOI.

**** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking setting aside of orders dated 22.04.2016 and 24.05.2016 (Annexures P-7 and P-8) whereby he has been awarded punishment of stoppage of two increments for 02 years with cumulative effect and period from 01.03.2012 to 22.04.2016 has been treated as no work no pay.

2.

The petitioner for the same cause of action filed CWP No.17995 of 2017 before this Court which came to be dismissed as withdrawn with liberty to approach appropriate forum. The order dated 30.08.2017, passed by this Court reads as under :- "Learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to approach SATYAWAN 2023.07.18 16:19 I attest to the accuracy and integrity of this document

CWP-27668-2022 -22023:PHHC:089501 appropriate forum with respect to impugned order. Accordingly, petition stands dismissed as withdrawn." The petitioner, thereafter, preferred a Writ Petition(s) No.6677 of 2018 before Jharkhand High Court. The said petition also came to be dismissed as withdrawn. Order dated 25.04.2019, passed by Jharkhand High Court reads as under :- "Counsel for the petitioner after some argument seeks permission to withdraw this writ application which was filed against the order of punishment dated 24th May, 2016 in which he has been punished in the departmental proceedings. Prayer is allowed.

Accordingly, this writ application stands dismissed as withdrawn."

In view of the order dated 30.08.2017 passed by this Court and the order dated 25.04.2019, passed by Jharkhand High Court, the present writ petition is not maintainable. Learned counsel for the petitioner has failed to point out how second writ petition for the same cause is maintainable.

Accordingly, the writ petition is dismissed.

(JAGMOHAN BANSAL) JUDGE 17.07.2023 Satyawan

1. Whether speaking/reasoned: Yes/No

2. Whether reportable:

Yes/No SATYAWAN 2023.07.18 16:19 I attest to the accuracy and integrity of this document