IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WA.No. 298 of 2011() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.2766/2011 Dated 28/01/2011 .................... APPELLANT(S): PETITIONER --------------------------------------- BENDHAD KUNHI MAHIN, 'BENZER' HOUSE, INDIRA NAGAR, CHENGALA P.O., KASARAGOD-671 541. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): RESPONDENTS ---------------------------------------------- 1. SYNDICATE BANK, HEAD OFFICE, GANDHI NAGAR, BANGALORE-560 009, REPRESENTED BY ITS GENERAL MANAGER. 2. THE CHAIRMAN AND MANAGING DIRECTOR, SYNDICATE BANK, HEAD OFFICE, GANDHI NAGAR, BANGALORE-560 009. BY ADV.SRI.R.S.KALKURA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.A.No.298 of 2011 ---------------------------------------------- Dated this the 8th day of March, 2011 JUDGMENT J.Chelameswar, CJ Aggrieved by judgment dated 28th January, 2011 in W.P(C). No.2766 of 2011 this Writ Appeal is filed with the prayer as follows: “For these reasons and other reasons to be submitted at the time of hearing it is respectfully submitted that this Honourable Court be pleased to set aside the judgment in W.P.(C).No.2766 of 2011 dated 28.1.2011, by allowing this appeal and the writ petition be allowed as prayed for.” 2. The background of the case is that the appellant was an employee of the first respondent-Bank, whose service was terminated (dismissed) in view of a disciplinary proceedings in which the appellant was found guilty of accepting illegal gratification. Further details of the disciplinary proceedings are not necessary for the present order. 3. Aggrieved by the said decision of the first respondent-Bank, the appellant herein had earlier approached this Court by filing O.P.No.8798 of 1990. The said Writ Petition was allowed, but reversed in appeal by a Division Bench of this Court in W.A.No.1531 of 1997. The appellant herein carried the matter to the Supreme Court unsuccessfully. WA.298/11 2 After he lost the battle in the Supreme Court, the appellant filed a representation dated 29.6.2010, which is marked as Exhibit P2 in the instant Writ Petition before the second respondent praying that the case of the appellant be considered sympathetically. Complaining that the said representation is not considered and disposed of, the appellant approached this Court by filing the instant Writ Appeal. In our opinion, the Writ Petition was rightly dismissed. A second round of litigation on the same subject matter is impermissible. We do not see any reason to interfere with the judgment of the learned Judge. The Writ Appeal is dismissed. J.CHELAMESWAR, CHIEF JUSTICE P.R.RAMACHANDRA MENON JUDGE vgs