STATE OF MAHARASHTRA Vs. PRABHAKAR BHIKAJI INGLE

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the counsel on both sides. Admittedly, the respondent has filed O. A. No. 1169/93 in the Maharashtra Administrative Tribunal, Bombay Bench against the order passed by the Commissioner of Police, Bombay removing him from service. The Commissioner had exercised his power under Art. 311 (2) (b) of the Constitution holding that in the circumstances it was not practicable to conduct an enquiry against the respondent. That order came to be confirmed by the Tribunal dismissing the O. A. on March 6, 1995. Against that, the respondent filed SLP (C) No. 11433/95 which was dismissed by this Court on 25-8-95. Pending the SLP, the respondent filed a review application in the Tribunal. The Tribunal after receipt of the order passed by this Court dismissing the SLP, by the impugned order dated 2-11-95 reviewed the order and set aside the order of dismissal. Thus this appeal by special leave.

(3.) It is contended for the respondent that the dismissal of the SLP does not preclude the Tribunal from reviewing the order since the dismissal was a non-speaking order. We fail to appreciate the contention of the respondent. It is true that this Court has held that the dismissal of SLP without speaking order does not constitute res judicata. The principle of res judiciata is found on public policy that the parties cannot be permitted to have the controversy directly or substantially in issue between the same parties or those claiming under the parties in the subsequent suit in the same proceedings in the subsequent stages cannot be raised once over. It is a sound principle of public policy to prevent vexation.