^•"*st^ ^~ ^W^iS^-^^. '«n3sS''*~"' ;Qt •'e; :.-;¥-^rais- I g -tfj--;!^--), e.Tii^i.is. •fsp?fR?y sTOST'q'iqr (T^qq^sf) TWIW Vf^ s""- Appellant Petitioner Respondents. +l-'lirl4l-< linSTf •? fei^t TfW?R ^siRftan^r HIGH COURT OF CljlHATTISGARH AT BILASPUR Coram: Hon' ble $hri Dhirendra Mishra, & Hon' ble phri R.N. Chandrakar, JJ Writ AppfealNo. 221 of 2009 Vs.j ^. 2i 3) Yadavram Jangade, son of Pyarelal Jangade, aged about 32 years, r/o. village Tengana Varpara, PSA Guru, District Durg, at present resident of Community Church, Bhilai, Sector -6, Durg (Chhattigarh). State o.' Chhattisgarh through the Secretar^', Department of Home, D.K.S. Bhawan, Raipur. The Superintendent of Police, Baster, District Bastar (CG). Director General of Police, Baster Range, Jagdalpur, District Baster (Chhattisgarh). (Writ Appeal under Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006). Present: Shri Prakash Tiwari, counsel for the appellant. Shri Vinay Harit, Dy. Advocate General with Shri Suryakant Mishra, Panel Lawyer for theState. Oral Order \ (Passed on 3-8-2009) ^^^ "^B 'y.'ft^'^c.^-^v^wvy^'vnffs^^ys ;*.. "^ \^ 5*i£'.s<!Mt f 'ywswy ,..yyJ ':W^7g 'ff! ;-T!<7' •BS'JS: 1 •ys; -<,i:—;-;,'li^frFFF?. rqi^|.U4< »ir?si BIWW^ n~?7; wfa^n"wi?ff •?fsv, tfv^v. I -'2-- ^ sifrosn^i Per Dhirendra Mishra. J. Heard on I.A.No.1, aprilication for condonation of delay in filing the writ appeal. For the reasons state|j in the application, the application is allowed and delay is condonec). The appellant has dated 28-2-2009 passed in W[ writ petition filed by the on the ground that the same ii pre^erred this writ appeal against the order Wt-it Petition No. 377 of 2005, whereby the appell^int herein has been dismissed summarily not maintainable. Shri Prakash Tiwari, le^rned counsel appearing for the petitioner submits that in the earlier roi(nd of litigation i.e., in Writ Petition No. 2735 of 2003, the same was|disposed of with liberty to the petitioner therein to make a representation before the concerned authority and the same was never adjudicated on merits and, therefore, the observation of the learned single Judge in the impugned order that the issue raised by the petitioner and considered by the High Court cannot be considered in subsequent writ petition arising out of the same cause of action on similar grounds, is not correct as the earlier writ petition is not disposed of on merits. We have heard learned counsel for the appellant and perused the impugned order dated 28-2-2009 passed in Writ Petition No. 377 of 2005. \ \ 'S-xs.VWSSfW. l^ 'i ^ Xi-HC-F78 3?r-^r-fiT. aTti<iii'£. 3"?ST •q'i^- (T^t^^; ^s'v^^-KW: l TOnfi Tifr" ST'T' -?. The learned single petition No. 377 of 2005 as as under: Juipge of this court, while dismissing the writ nc}t maintainable, has observed in para 1 "The petitioner t^as come earlier in thewrit petition being W.P.No.2 the enquiry held that "under the •^FTaf^^TTpq^f f? fgt^ '•rfsR^ ^stStran^s '35 of 2003. This court held that was proper, as the contention with regard to findi(igs of no confidence was not established. Thijs, the contention of the petitioner in respect of deparfmental enquiry was rejected. With regard to quanti^m of sentence, the court observed writ jurisdiction this court cannot substitute its finpings in the matter of punishment awarded by th^ disciplinary authority and the appellate authority which is within their domain and they have to tak^ decision looking to the facts and circumstances of each and every case. The writ jurisdiction of thfe court is extended only when the punishment awa^ded is such which is shocking the conscience ofth^ court." Thus, we find that the grounds urged by the petitioner in subsequent writ petition were already considered and decided in earlier Writ Petition No. 2735 of 2003. Therefore, we are of the considered opinionthat the learned single Judge has rightly dismissed the Writ Petition No. 377 of 2005 as not maintainable. We find no substance in this writ appeal and the same deserves to be and is accordingly dismissed. — -—-—:— Raju Sd/- Dhirendra Mishra Judge Sd/- ", R.N. Chandrakar Judge '^S^-^lt^l. If^f^vUJ^