JUDGMENT

TUSHAR RAO GEDELA, J.

[ The proceeding has been conducted through Hybrid mode ]

1. This is a Second Appeal filed by the Appellant challenging the impugned judgement and decree dated 22.09.2011 passed by the First Appellate Court which dismissed the First Appeal filed by the Appellant bearing RCA No. 05/2011 seeking reversal of the judgement and decree dated 08.05.2003 passed by the learned Trial Court in CS No.472/1988.

2. This court has heard the arguments of the Appellant represented by Mr. Vivek Goyal, learned Central Government Standing Counsel (hereinafter referred to as “CGSC”) and Mr. R. K. Saini, learned counsel for the respondent. This Court has also perused the learned Trial Court as well as the First Appellate Court record, their judgements and other related documents.

3. The substantial questions of law which arise in the present appeal have already been crystallized vide the order dated 26.07.2013 and are as under:

“Whether the respondent could have filed a suit for declaration challenging the departmental proceedings and the punishment imposed on him despite the dismissal of his writ petition by the High Court without reserving any liberty to go to the Civil Court