JAIBIND KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By filing this writ petition under Article 226 of the Constitution of India, petitioner herein has prayed for the reliefs, which is quoted hereunder: -

(2.) Learned counsel for the petitioner submits that the petitioner was not being allowed to participate in the Departmental Proceeding, thus, there is a gross violation of principles of natural justice. He contends that the petitioner was suffering from ailments as a result of which he could not participate in the proceeding and even his lawyer was not allowed to attend the Departmental Proceeding. Learned counsel also contends that only after obtaining the certified copies of the order sheets of the Departmental Proceeding, he could come to know about the illegality in conducting the Departmental Proceeding. He further contends that the essential documents were also not supplied to the petitioner. Learned counsel for the petitioner in support of his contention on the point of violation of principles of natural justice has relied upon various judgments of the Hon'ble Supreme Court and this Court, which shall be dealt at a later part of this judgment including their relevancy considering the facts of this case.

(3.) Learned counsel appearing for the respondents-State argued that the plea, which the petitioner is taking in this writ petition has already been considered in earlier rounds of litigation up to the Hon'ble Supreme Court, inasmuch as the petitioner had approached this Court in the Writ Petition, Letters Patent Appeal and Civil Review Application as also before the Hon'ble Supreme Court twice taking the same grounds each and every time. Learned counsel for the respondent-State, by relying upon the judgment of the Hon'ble Supreme Court in the case of M. Nagabhushana versus State of Karnataka and Others reported in (2011) 3 SCC 408, submits that it is not only a case of res judicata and constructive res judicata, but the petitioner has also made himself liable for exemplary cost for willful abuse of the process of the Court and law.