IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No.2229/2008 Reserved on:21.8.2009 Decided on:15.9. 2009 ________________________________________________ Shyam Kaur and others. …Petitioners. Versus Himachal Pradesh Road Transport Corporation and another. … Respondents. __________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. For the petitioners : Mr. Dharamvir Sharma, Advocate. For the Respondents: Mr. Adarsh Sharma, Advocate. ________________________________________________________ Rajiv Sharma, Judge . The original petitioner Sh. Harcharan Singh died during the pendency of this petition and his legal heirs/representatives were brought on record. Brief facts necessary for the adjudication of this petition are that the disciplinary proceedings were initiated against the predecessor-in- interest of the petitioners (hereinafter referred to as ‘the petitioner’ for 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 convenience sake) vide charge-sheets dated 29.11.1979 and 7.7.1980. The Inquiry Officers were appointed. The inquiry reports are dated 30.9.1982 and 10.11.1982. Show cause notices were issued to the petitioner on 27.1.1984. He was removed from service on 26.6.1984. He preferred an OA No. 114 of 1987, which was disposed of by the learned Himachal Pradesh Administrative Tribunal on 24.9.1992. In sequel to the orders passed by the learned Himachal Pradesh Administrative Tribunal, fresh notices were issued to the petitioner on 17.12.1992 and 1.1.1993. He filed reply to the same on 2.2.1993. He was removed from service on 28.4.1993. He preferred an OA No. 818/1993 before the learned Himachal Pradesh Administrative Tribunal. The same was withdrawn by him by filing MA No. 1426/1993 on 7.10.1993. Civil Writ Petition was preferred in this Court, the number of which has not been given by the parties, however, the fact of the matter is that the same was also withdrawn. Mr. Dharamvir Sharma, Advocate has strenuously argued that order dated 28.4.1993 is not sustainable in the eyes of law. He then argued that the mandatory procedure prescribed under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 has not been followed. Mr. Adarsh Sharma, Advocate has vehemently argued that the present petition is not maintainable on the same or similar facts after the withdrawal of OA No. 818/93 on 7.10.1993. I have heard the learned counsel for the parties and have perused the pleadings carefully. Two charge-sheets were issued to the petitioner, as noticed above, on 29.11.1979 and 7.7.1980. Separate inquiry reports were 3 prepared by the Inquiry Officers. He was removed from service on 26.6.1984. The removal was set aside by the learned Himachal Pradesh Administrative Tribunal in OA No. 114/1987 with a direction to the respondent-corporation to consider and decide two disciplinary cases instituted against the petitioner independent of each other. Thereafter fresh show cause notices were issued to the petitioner on 17.12.1992 and 1.1.1993. Notice dated 17.12.1992 was based on the charge-sheet dated 29.11.1979. The report is dated 30.9.1982. The penalty of removal was inflicted upon the petitioner vide order dated 28.4.1993. He assailed his removal by filing OA No. 818/1993. The petitioner for the reasons best known to him has withdrawn the same by filing MA No. 1426/1993. It was withdrawn on 7.10.1993. Civil Writ Petition earlier filed in this Court was also withdrawn as per pleadings of the parties. The present petition has been filed on the same or similar facts on which earlier OA No. 818/1993 was filed. The present petition is barred by res judicatta. Once the petitioner had filed an OA No. 1426/1993, he was supposed to pursue the same. The learned Tribunal has not reserved any liberty to the petitioner to approach the Court/Tribunal afresh on the same or similar facts. Accordingly, the present petition is dismissed. There shall, however, be no order as to costs. (Rajiv Sharma), J. 15.9. 2009. *awasthi*