NARESH KUMAR GUPTA Vs. S.F.C.

JUDGEMENT

(1.) Petitioner is seeking a writ of certiorari as also quo warranto. He wants order No. 357 of 1993 passed on 14.9.1993 by which respondent No. 3 has been appointed as Divisional Manager Finance, be quashed. The controversy has arisen under following circumstances :

(2.) The petitioner is a Junior Accounts Officer with the J&K State Forest Corporation (hereinafter referred to as the Corporation). He came to be so appointed vide order Annexure "1". This order was passed on 27.2.1993. This was to take effect with effect from 1.3.1993. The further fact is that respondent No. 3 came to be appointed as Junior Accounts Officer vide order passed by the Corporation on 3.8.1989. This order bears No. 428 of 1989. This order contains a recital to the effect that a post of Junior Accounts Officer is being created in the Corporation in the pay scale of Rs. 1600-2950 for a period of six months at the first instance. Shri Showkat Ali Sheikh Respondent No. 3, the Senior Most Accountant in the Corporation was appointed against this post. Various proposals were submitted before the Board of Directors. One of the orders which is referred to in this communication makes mention of Order No. 428 of 3.8.1989 also. This is at S. No. 18. As per the petitioner Board of Directors never approved the appointment of Showkat Ahmad Sheikh to the post of Junior Accounts Officer. This aspect of the matter is disputed by the respondents. Had this controversy arisen for the first time, something could have been said one way or the other. The matter, however, stands concluded by a decision given by this Court in SWP No. 475/1991. The present petitioner had challenged the appointment of Showkat Ahmad Sheikh to the post of Junior Accounts Officer. The writ petition was dismissed. Letters Patent Appeal was preferred (being LPA(SW) 175/1991). The judgment given by the learned Single Judge was affirmed. The present petitioner Naresh Kumar, who figured as the appellant was however left free to make a representation to the Competent Authority. It was indicated that as and when promotions are made to the post of Junior Accounts Officer or the matter is taken up for regularisation of promotion of Showkat Ahmad Sheikh, then the claims of the petitioner be also considered. This order was passed on 18.5.1992. Thus, a challenge was made to the appointment of Showkat Ahmad Sheikh to the post of Junior Accounts Officer. This challenge was unsuccessful. The view expressed by the learned Single Judge was affirmed in appeal. Therefore, it is not possible to re-open the matter vis-a-vis Showkat Ahmed Sheikh so far his status as Junior Accounts Officer is concerned.

(3.) It is a cardinal principle of judicial administration that matters must attain finality. This concept of res judicata stands as incorporated in the Code of Civil Procedure is applicable to the proceedings in writ jurisdiction also. Thus the petitioner is not within his rights to challenge the appointment of Showkat Ahmed Sheikh to the post of Junior Accouns Officer in the present petition.