Allahabad High Court
Union Of India And 2 Others vs Anil Kumar And 2 Others on 7 January, 2020
Bench: Pankaj Mithal, Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 29 Case :- WRIT - A No. - 44 of 2020 Petitioner :- Union Of India And 2 Others Respondent :- Anil Kumar And 2 Others Counsel for Petitioner :- Sanjay Kumar Om,S.P. Singh, Sr. Advocate Hon'ble Pankaj Mithal,J.
Hon'ble Vipin Chandra Dixit,J.
Heard Sri S.P. Singh, Additional Solicitor General of India.
The petitioners have preferred this writ petition for the quashing of the judgement and order dated 06.12.2018 passed by the Central Administrative Tribunal, Allahabad whereby the original application of the respondents No. 1 and 2 has been allowed and after setting aside the impugned orders dated 30.03.2015 and 15.04.2015 directions have been issued to reinstate them with 50% TRCA.
Similar and identical judgements of the Tribunal were challenged separately by the Union of India by means of independent writ petitions and as many as 61 such writ petitions came to be decided by the Division Bench of this court vide judgement and order dated 30.04.2018 and it was held that there is no manifest error in the judgements of the Tribunal warranting interference under Article 226 of the Constitution of India leaving it open for the Union of India to pass fresh orders in accordance with Rules.
Sri S.P. Singh, Additional Solicitor General of India accepts that the controversy is covered by the aforesaid decision of the Division Bench of this court but submits that the said court failed to take notice of the fact that the contesting respondents have obtained appointments on the basis of the fake documents.
We are not impressed by the aforesaid argument as all points arising in a case which may or ought to have been taken would be deemed to have been taken and considered in view of the principle of constructive res judicata.
This apart, we do not find any specific pleading in the written statement of the Union of India filed before the Tribunal raising any such ground of fraud.
In view of the aforesaid facts and circumstances, the writ petition lacks merit and is dismissed.
Order Date :- 7.1.2020 piyush