ROSHAN LAL AHUJA Vs. S C JAIN

JUDGEMENT

(1.) This is an application under Article 32 of the Constitution challenging the vires of Rule 11 of the central Civil services (Classification, Control and Appeal) Rules, 1965 and for quashing of certain proceedings and adverse orders as also asking for directions to confer certain service benefits on the petitioner.

(2.) Maintainability of this writ petition has been seriously challenged by the respondents by contending that the judgment of this court dated 20/11/1986, in Writ Petition No. 4462 of 1978 and the connected matters finally disposed of the petitioner's claims and a fresh proceeding by-passing that judgment could not be maintained.

(3.) Petitioner has argued his matter in person and this case has a chequered career. The main plank of the petitioner's stand is an order of a three Judge bench of this court dated 27/07/1979, in which certain favourable observations had been made in regard to the charges which constituted the foundation of the disciplinary proceedings. The petitioner out of over-anxiety to succeed in his own cause has made several statements in this case running counter to each other which perhaps may not be necessary to be noticed. Even after orders were reserved he has filed a memorandum that his case should be disposed of quickly as his contentions might be overlooked by delay.