PRITAM SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The present appeal under Clause X of the Letters Patent is directed against judgment dated 22.1.2003 of the learned Single Judge passed in C.W.P. No. 4579 of 1983.

(2.) The appellant, who was appointed as Foot Constable in the erstwhile State of Pepsu, was charge-sheeted by the Deputy Superintendent of Police and was subjected to a departmental enquiry which culminated in his dismissal from service. He filed a civil suit in which his only prayer was for recovery of arrears of pay and allowances amounting to Rs. 5400/-. The said suit was decreed on 19.4.1963 and a decree in the sum of Rs. 2850/- with costs was passed in favour of the appellants. Thereafter, he filed C.W.P. No. 4579 of 1983, inter-alia, praying for issuance of a writ of mandamus directing the respondents to allow him to resume duties at the appropriate rank with full back wages.

(3.) By the impugned judgment, the learned Single Judge has negated the plea raised by the appellant by observing that when the civil suit was filed, he did not raise any challenge to the order of dismissal and confined his prayer to the recovery of arrears of the salary alone. It was also observed that in the absence of any declaration having been sought by the appellant to declare the order of dismissal as null and void, the provisions of Order 2 Rule 2 of the Code of Civil Procedure (for short, 'the CPC') read with Rule 32 of the Writ Jurisdiction (Punjab and Haryana) Rules, 1976 (hereinafter described as 'the Rules') would be attracted and not only a fresh suit for claiming such a declaration would be barred, but even the writ petition would be barred by the same principle.