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, and if so, to what effect?”

Another substantial question of law which was additionally framed on 21.02.2014, is as under:-

“Whether the courts below have committed a gross illegality and perversity in holding that the respondent-plaintiff has been imposed a punishment of removal from service without following the principles of natural justice, although, as per the case of the appellant respondent was duly served in the departmental proceedings?”

4. Another question, which this Court considers to be relevant to the dispute would be:

“Whether the suit was barred under Rule 57 of the CISF Rules, 2001?”

5. On behalf of the appellant, Mr. Vivek Goyal, learned CGSC submits that the respondent was a Head Constable of the Central Industrial Security Force which is an admitted case of the parties. It is also an admitted case of the parties that the respondent was, as such, bound by the provisions of the Central Industrial Security Force Act, 1968 (hereinafter referred to as “the Act”) and the Rules made thereunder called Central Industrial Security Force Rules, 2001 (hereinafter referred to as “the Rules”).

6. Though, the misconduct of the respondent while in service need not detain this Court, however, it is relevant to note that the respondent was imposed a major penalty of dismissal from service by the Competent Authority under the Act and the Rules. Suffice it would be, also to note that the respondent had preferred a Statutory Appeal as contemplated in Rule 46. The same was also dismissed.

7. Against such dismissal, the respondent approached this Court in W.P.(C) No. 3025/1987 which was heard and dismissed on 30.11.1987. It is an undoubted case that the respondent did not further challenge the order dated 30.11.1987 passed by the learned Division Bench of this Court in W.P.(C) No. 3025/1987 by way of a Special Leave to Appeal before the Supreme Court.

8. However, the respondent did challenge the Appellate Order dated 11/13.04.1987 of the Appellate Authority designated under the Act by way of a Civil Suit before the District Courts at Delhi. This was filed despite the fact that the same was already tested before the learned Division Bench of this Court in the aforementioned Writ Petition.

9. The civil suit filed by the respondent was dismissed on the grounds of res judicata keeping in view of the order dated 30.11.1987 in W.P.(C) No. 3025/1987. This was taken in Appeal before the Appellate Court in RCA No. 312/1993 which remanded the suit to the learned Trial Court to consider the same afresh vide its decision dated

11.03.1994.

10. This time around, the learned Trial Court, by its judgement and decree dated 08.05.2003 had allowed the suit of the respondent and after quashing the punishment order, directed the CISF Authorities to proceed de novo with the Discipli