RANJIT SINGH Vs. UNION PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) None has appeared for the appellant in spite of the matter having been called. Court notice has been served on the appellant. The matter is on board since 10th August, 2010.

(2.) This second appeal has been directed against the judgment dated 8.8.1988. The plaintiff Ranjit Singh had filed a suit for declaration and a relief of injunction. The facts alleged are that the plaintiff appeared in the Assistant Grade Examination 1981. His roll number was 27106. On 3.10.1981, he appeared in the English Part-II in the afternoon session. Plaintiff completed the answers in 40 minutes prior to the prescribed period and answer sheet was submitted to the invigilator. On 30.11.1981, plaintiff received a letter from the defendant/UPSC cancelling candidature of the plaintiff for the said examination and debarring him from appearing in any further examination for the next ten years. This order was questioned by the plaintiff by the aforenoted suit; his contention was that no opportunity of hearing was afforded to the plaintiff; his case was that no show cause notice as alleged had been issued to him. He sought a personal hearing. Plaintiff had also filed a writ petition in the High Court which was dismissed in limine and not on merits.

(3.) The primary defence of the defendant was that the suit was barred by res judicata as the matter in controversy has already been adjudicated upon in Civil Writ Petition No. 372 of 1986 filed by the plaintiff which had been decided on 27.4.1984.