THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA Writ Petition No.17690 of 2022

ORDER:

(Per the Hon’ble Sri Justice Abhinand Kumar Shavili)

Aggrieved by the order dated 17.08.2021 passed in M.A.No.157 of 2015 in/and O.A.(SR)No.1324 of 2015 by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for short, ‘the Tribunal’), the present Writ Petition is filed.

2. Heard Smt. A.V.S.Laxmi, learned counsel appearing for the petitioner and Sri Anurag learned counsel representing learned Deputy Solicitor General of India appearing for respondents.

3. Learned counsel appearing for the petitioner had contended that since 1972, the petitioner was working as Group ‘D’ Civilian Watchman at Air Force Station, Begumpet, Secunderabad. However, disciplinary proceedings were initiated against the petitioner in 2003 and he was placed under suspension on 08.09.2003. A charge memo was issued alleging that he has defied lawful authority and baseless allegations were levelled and a punishment of compulsory retirement was imposed on him. Challenging the punishment of compulsory retirement, the petitioner has approached the Tribunal by filing O.A.No.424 of 2007 and the Tribunal was pleased to dismiss the O.A. vide order, dated 02.07.2009 on the ground of limitation. Learned counsel for the petitioner had further contended that due to personal reasons and family issues, the petitioner could not challenge the order of compulsory retirement within time and that necessitated the petitioner to once again approach the Tribunal by filing M.A.No.157 of 2015 in/and O.A.(SR)No.1324 of 2015, but the Tribunal has dismissed the said case vide order, dated 17.08.2021, without appreciating any of the contentions raised by the petitioner.

4. Learned counsel for the petitioner had further contended that the punishment of compulsory retirement was imposed, without giving any opportunity to the petitioner. Therefore, the Tribunal ought to have interfered with the orders of punishment and set aside the punishment of compulsory retirement, treating the period from 18.06.2004 till his compulsory retirement i.e., on 31.05.2008 as ‘spent on duty’. Therefore, appropriate orders be passed in the Writ Petition by setting aside the order, dated 17.08.2021 passed in M.A.No.157 of 2015 in/and O.A.(SR)No.1324 of 2015 by the Tribunal and set aside the order of compulsory retirement, dated 18.06.2004 by treating the period from 18.06.2004 to 31.05.2008 as ‘spent on duty’ with all consequential benefits.

5. On the other hand, learned counsel appearing for the respondents had contended that the Tribunal has rightly dismissed the M.A on the ground of res judicata. Since, the petitioner has already challenged the punishment of compulsory retirement by filing O.A.No.424 of 2007, which was dismissed vide judgment dated 02.07.2009, the petitioner cannot challenge the very same issue. Hence, the Tribunal was justified in dismissing the O.A. Therefore, there are no merits in the Writ Petition and the same is liable to be dismissed.

6. This Court, having considered the submissions made by both the parties, is of the view that the petitioner had unsuccessfully challenged the order of compulsory retirement in O.A.No.424 of 2007 and once again, he cannot challenge the same punishment. It amounts to res judicata. Hence, the Tribunal was justified in dismissing M.A.No.157 of 2015 in/and O.A.(SR)No.1324 of 2015 filed by the petitioner. Therefore, this Court is not inclined to interfere with the orders passed by the Tribunal.

7. With the above observations, the Writ Petition is dismissed. No order as to costs.

8. As a sequel, miscellaneous applications pending if any, shall stand closed.

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ABHINAND KUMAR SHAVILI, J _____________________________ TIRUMALA DEVI EADA, J Date: 23.06.2025 prat