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, prior dismissal attains finality by public policy.

JUDGMENT :

Sujit Narayan Prasad, J.

1. At the outset, it has been pointed out that there is some typographical error in the order dated 09.02.2026 wherein due to inadvertence, the reference of the case has been typed as “W.P.(C) No. 4019 of 2020” in place of “W.P.(S) No. 4019 of 2020”.

2. Accordingly, the order dated 09.02.2026 is modified to the extent that the reference of the case which has been typed as “W.P.(C) No. 4019 of 2020” be replaced with “W.P.(S) No. 4019 of 2020” and the remaining part of the order shall remain intact.

3. The original file pertaining to W.P.(S) No. 3532 of 2013 has been placed as directed by this Court vide order dated 09.02.2026.

4. We have perused the record of the said writ petition and has found that the said writ petition is in the nomenclature of service matter.

5. The order passed by the learned Tribunal had been challenged by the writ petitioner by filing writ petition under Article 226 of the Constitution of India, as such, the writ petition will be in the nomenclature of service matter being W.P.(S).

6. The instant writ petition filed under Article 226 of the Constitution of India is directed against the order dated 02.01.2013 passed by the learned Central Administrative Tribunal (Circuit Bench), Ranchi in O.A. No. 62 of 2011 (R) by which the order passed by the respondent authority inflicting punishment of termination from service vide order dated 21.09.2010 and the appellate order dated 17.02.2011 has been refused to be interfered with.

7. The brief facts of the case as per the pleading made in the writ petition which requires to be enumerated herein, are as under:

The Petitioner was initially appointed as a TGT (Trained Graduate Teacher) at Kendra Vidyalaya, Ramgarh Cantonment and thereafter he was subsequently posted in many places. The Petitioner while being posted as a PGT (Physics) Teacher at Kendra Vidyalaya, Gomoh, a girl wrote a Letter dated 25/10/2008 addressing to the ersthwhile Principal of the Kendriya Vidyalaya School, alleging therein in the complaint that the petitioner used to do immoral acts with her at the School Lab.

It is the case of the petitioner that thereafter, on receipt of the complaint, the then Principal without even communicating the allegation of compliant to the petitioner and not even investigating the same from the petitioner or by any other School Staffs, Teachers or Students, on the same day itself formed a Three Member Committee consisting of three female teachers only, directed the Teachers Committee to investigate the matter on the allegations made against the petitioner as contained in the complaint.

On the same day i.e. on 25.10.2008, the School Committee gave the finding that the allegation made against the Petitioner is true.

Thereafter, the erstwhile Principal after receiving the School Committee Report on the same day itself i.e. on 25.10.2008 forwarded the Complaint addressing to the Assistant Commissioner- cum-ad hoc Disciplinary Authority for Kendra Vidyalaya Sangathan, RO, Bhubaneshwar stating it to be an Enquiry Report.

Thereafter the Assistant Commissioner-cum-ad hoc Disciplinary Authority for Kendra Vidyalaya Sangathan, RO, Bhubaneshwar after receiving the aforesaid Letter from the erstwhile Principal, the Assistant Commissioner at his own instance constituted a Five-Member Committee for conducting the Preliminary Enquiry.

Thereafter, the petitioner was suspende