MAINUDDIN Vs. MANAGING DIRECTOR UP STATE ROAD TRANSPORT

JUDGEMENT

(1.) SABHAJEET Yadav, J. The main question in controversy involved in this case is that whether the issue concluded at higher forum can be re-agitated in remand proceeding or only that issue can be considered which has been re manded by higher forum?

(2.) THE relevant facts having material bearing with the question in controversy involved in the case are that after holding disciplinary inquiry on the charges of misconduct leveled against 28 employees including the petitioner in respect of same incident on similar misconducts various penalties have been inflicted upon ' them, some persons were inflicted minor penalties and some were inflicted major penalties including the stoppage of 3, 4 or 5 increments, but a very harsh penalty of dismissal from service has been imposed upon the petitioner. Feeling aggrieved against the order of dismissal passed by disciplinary authority on 22. 5. 1996 the petitioner has unsuccessfully preferred departmental appeal before the Appellate Authority and thereafter has filed earlier writ petition No. 31704 of 1996 before this Court

(3.) LEARNED Counsel for the petitioner has submitted that the impugned order dated 18. 5. 2002 passed by Managing Director, UPSRTC runs contrary to the contents and tenor of the decision of this Court dated 15. 3. 2002 passed in writ petition earlier filed by the petitioner, therefore, cannot be sustained at all.