LAWS(BOM)-2014-12-169

ARUN Vs. STATE OF MAHARASHTRA

Decided On December 22, 2014
ARUN Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) All these matters are placed before this Full Bench by a common order of reference dated 1102013 passed by the Division Bench of this Court (Smt. Vasanti A. Naik and Shri A.S. Chandurkar, JJ.) to consider and decide the following questions

(2.) If the answer to question No.1 is in the affirmative, can such relief of protection of service be granted by the High Court in a case where the same relief has been earlier refused by the High Court -

(3.) So far as the question No.2, which falls for consideration of the Full Bench, is concerned, it does not arise out of any conflict between the views taken by the Division Benches of this Court, but the referring Bench thought it fit to refer the said question for decision by the Larger Bench, because it found that repeatedly the matters are coming before the Division Bench of this Court, wherein the relief of protection of service has been claimed in spite of the fact that the petitions claiming the same reliefs were already rejected or that no such relief was claimed, though the petitions were filed challenging the order of the Scrutiny Committee, which were rejected. The question of bar of res judicata, including that of constructive res judicata, therefore, falls for consideration.