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IN THE HIGH COURT AT CALCUTTA
HARISH TANDON, PRASENJIT BISWAS
Dipak Kumar Dutta – Appellant
Versus
Union of India – Respondent
JUDGMENT :
HARISH TANDON, J.
1. Both the appeals are taken up together having assailed the common order by the respective appellants in order to avoid the repetition of facts and the point of law agitated by the respective parties.
2. By the impugned judgment and order dated 4th October, 2023, the Single Bench allowed the writ petition being WPA 9996 of 2019 by quashing and setting aside the disciplinary proceeding as well as the penalty imposed on the ground of malice and bias and directed the reinstatement of the writ petitioner therein to the post which he held prior to the initiation of the disciplinary proceeding. The respondent in the writ petition namely, Maulana Abdul Kalam Azad Institute of Asian Studies, filed MAT 2278 of 2023 challenging the aforementioned impugned judgment and order in its entirety; on the other hand, the writ petitioner filed MAT 204 of 2024 assailing the said aforementioned judgment and order on a limited ground that while directing the reinstatement of the writ petitioner to its post held prior to the initiation of the disciplinary proceeding upon having quashed and set aside the penalty imposed upon him, he is entitled to a monetary benefit for such in
Point of law : That a person, who did not diligently prosecute his cause cannot claim any monetary benefit from an anterior datePrinciple of res judicata is a doctrine to be invoked in public interes....
The principle of constructive res judicata bars re-litigation of claims that could have been addressed in prior proceedings, establishing finality in judicial decisions.
An inquiry officer acting in a quasi-judicial authority is in the position of an independent adjudicator. He is not supposed to be a representative of the department/disciplinary authority/Government....
Second writ petition against same order not maintainable when prior one dismissed for non-compliance with peremptory defect-removal orders; litigant's casual conduct constitutes misuse of process, pr....
Regularization of services for daily wage employees requires strict adherence to eligibility criteria established by statutory rules; prolonged service without eligibility does not confer a right to ....
Dismissal of a suit for a technical or formal defect or for non-compliance with a condition precedent does not constitute a bar to a subsequent suit.
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