Delhi High Court

A writ petition based on the same cause of action already decided by another High Court is barred and not maintainable.

Ashok Kumar Upadhaya v. Union of India and Ors. [W.P.(C) 10380/2019]

Delhi High CourtJUDGMENT: no citation2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Petitioner, a dismissed employee, challenged his dismissal order dated 21.04.2003.

Source reference: no citation

He previously approached the High Court of Jharkhand via W.P.(S) No. 897/2006, which was dismissed on 16.05.2017.

Source reference: para. 2

The Single Judge allowed him to file a representation regarding his acquittal in a criminal case (Sessions Case No. 666 of 2000).

Source reference: para. 2

The Respondents rejected said representation on 21.08.2017.

Source reference: para. 6

The Petitioner then filed an intra-court appeal (LPA No. 378/2017) before the Division Bench of the Jharkhand High Court, which was dismissed on 12.03.2018.

Source reference: para. 4

A subsequent Special Leave Petition (SLP) before the Supreme Court was also dismissed.

Source reference: para. 5

The Petitioner filed the present writ petition before the Delhi High Court seeking to quash the same dismissal orders and the rejection of his representation.

Source reference: para. 1
02

Issues

1. Whether a fresh writ petition is maintainable before the Delhi High Court when the same cause of action has been adjudicated by another High Court and the Supreme Court.

Source reference: para. 11

2. Whether the acquittal of the Petitioner in a criminal trial necessitates the setting aside of the disciplinary order of dismissal.

Source reference: para. 4
03

Law Applied

The Court applied the principle of res judicata and the finality of litigation, noting that a cause of action once decided by a competent Division Bench and upheld by the Supreme Court cannot be reopened.

Source reference: para. 11

It further relied on the legal distinction between departmental proceedings and criminal trials, noting that the standard of proof in the former is "preponderance of probabilities" while the latter requires "proof beyond reasonable doubt".

Source reference: para. 4(b)

The court also recognized that charges of "misconduct and indiscipline" are distinct from criminal charges under Section 307 of the IPC.

Source reference: para. 4(a)
04

Reasoning

The Court observed that the Petitioner’s primary contention—that his criminal acquittal entitles him to reinstatement—had already been exhaustively analyzed and rejected by the Division Bench of the Jharkhand High Court in LPA No. 378/2017.

Source reference: para. 4

The Jharkhand High Court had specifically ruled that the Petitioner's acquittal was not "honourable" and that the disciplinary authority’s findings were based on independent evidence and witness testimonies.

Source reference: para. 4(c)-(d)

The Delhi High Court noted that the rejection of the Petitioner’s representation (dated 21.08.2017) occurred prior to the Jharkhand Division Bench's final judgment; thus, those issues were already within the knowledge of the previous court.

Source reference: para. 9

Consequently, the Delhi High Court found that the Petitioner was attempting to relitigate the same cause of action.

Source reference: para. 11
05

Holding

The Court held that the petition is not maintainable as it is based on the same cause of action previously decided by the High Court of Jharkhand and the Supreme Court.

The Court answered that once a matter has attained finality through the appellate chain, it cannot be entertained by a different High Court.

Source reference: para. 11

The writ petition was dismissed.

Source reference: para. 11
Delhi High Court

Original Court PDF

Ashok Kumar Upadhaya v. Union of India and Ors. [W.P.(C) 10380/2019]

Delhi High Court · no citation

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment