V K SAYAL Vs. BHARAT HEAVY ELECTRICALS LTD

JUDGEMENT

(1.) SUIT filed by the appellant praying that the order dated July 06, 2001 dismissing the appellant from service and the order dated September 18, 2001 dismissing the departmental appeal filed by the appellant be declared illegal as also the related enquiry proceedings and as a consequence order dated August 28, 2000 rejecting appellant's application seeking voluntary retirement be declared illegal.

(2.) RELEVANT would it be to state that only declaratory reliefs have been prayed without any monetary benefits i.e. consequential reliefs, but no issue pertaining to the maintainability of the suit on said count was urged either before the learned Single Judge or before us in appeal.

(3.) WITH respect to the prayer that it be declared that rejection of appellant's request for being voluntary retired vide order dated August 28, 2000 is illegal, it was pointed out that the said order was challenged by the appellant by an under W.P.(C) No.5359/2000 which was dismissed by a learned Single Judge vide judgment and order dated May 04, 2001. Intra Court appeal, registered as LPA No.289/2001, was dismissed vide order dated December 09, 2004. Review sought before the Division Bench was dismissed on February 18, 2005 and Petition for Special Leave to Appeal filed before the Supreme Court was declined on July 07, 2006. It was pleaded that having litigated right uptil the Supreme Court on the subject of request for voluntary retirement not being accepted, the claim could not be re-agitated by way of a suit.