Munish Kumar vs State Of Haryana And Odthers on 1 May, 2026

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    Punjab-Haryana High Court

    Munish Kumar vs State Of Haryana And Odthers on 1 May, 2026

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                      CWP-4985-2025 (O&M)
    
    
    
    
                                   IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                  AT CHANDIGARH
    
    
                      105+207                                    CWP-4985-2025 (O&M)
                                                                 Date of Decision: 01.05.2026
    
    
                      Munish Kumar
                                                                                           .....Petitioner
                                                             VERSUS
    
                      State of Haryana and others
                                                                                          .....Respondents
                      CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
    
                      Present :        Mr. Ram Kumar Saini, Advocate for the petitioner.
    
                                       Mr. Piyush Khanna, Addl. AG, Haryana.
    
                                       Ms. Rajni Gupta, Advocate for respondents No.2 to 6.
    
                      HARPREET SINGH BRAR, J. (Oral)
    

    CM-2379-CWP-2026

    The present application has been filed under Section 151 of

    SPONSORED

    CPC for placing on record letters dated 04.08.2025, 06.10.2025 and

    01.08.2024 (Annexures P-13 to P-15) respectively, to the captioned petition.

    In view of the grounds mentioned in the application, the same is

    allowed, Annexures P-13 to P-15 are ordered to be taken on record.

    Registry is directed to place the same at an appropriate place.

    MAIN

    1. The petitioner has approached this Court by way of the present

    writ petition under Articles 226/227 of the Constitution of India praying for

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    CWP-4985-2025 (O&M)

    issuance of a writ in the nature of mandamus directing the respondents to

    left the petitioner to re-join the post of Data Entry Operator and he be

    allowed to join service in the office of Executive Engineer, OP Division,

    DHBVN, Hansi (Hisar) by providing same relief on equal terms as has

    already been given to similarly situated employees.

    2. On 02.12.2025, the following order was passed by this Court:-

    “Learned counsel for the petitioner submits that FIR
    No.13 dated 11.01.2023 has been registered against the
    petitioner along with five other co-employees. After obtaining
    bail, the respondent/Nigam has permitted all the co-accused
    employees to resume their duties subject to outcome of the
    criminal trial, however, the petitioner has been denied this
    benefit. Learned counsel for the petitioner refers to the reply
    filed to the representation made by the petitioner wherein the
    respondent/Nigam itself admits that other similarly situated
    employees have been allowed to re-join. He further submits that
    yet another employee namely Vishal Sandhu has been permitted
    to join duty on 06.10.2025 by respondent No.6 whereas the
    petitioner, who falls under the same jurisdiction, has been
    denied re-joining solely on account of the registration of the
    aforesaid FIR.

    Adjourned to 23.12.2025.

    In the meantime, respondent No.6 is directed to
    file an affidavit clarifying the reasons for differential treatment
    and explaining why the petitioner has not been allowed to re-
    join the duty despite similarly situated employees having been
    permitted to do so.”

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    CWP-4985-2025 (O&M)

    3. At the very outset, learned counsel for respondents No.2 to 6

    raises a preliminary objection with regard to the maintainability of the

    present writ petition. It is submitted that the petitioner had earlier

    approached this Hon’ble Court by way of filing CWP-1388-2024 titled

    Munish Kumar vs. State of Haryana and others, which came to be decided

    on 05.11.2024 (Annexure P-9). During the course of hearing of the said writ

    petition, after addressing arguments at some length, the petitioner chose to

    withdraw the petition with a view to approach the competent authorities.

    However, no liberty was sought or granted by this Hon’ble Court to file a

    fresh writ petition on the same cause of action.

    31. In this backdrop, it is contended that the present writ petition is

    barred and not maintainable in view of the law laid down by the Hon’ble

    Supreme Court in Sarguja Transport Service vs. State Transport Appellate

    Tribunal, Gwalior, 1987 (1) SCC 5, wherein it has been categorically held

    that once a writ petition is withdrawn without liberty to file afresh, a second

    petition on the same cause of action is not maintainable.

    4. I have heard learned counsel for the parties and have perused

    the record of the case with their able assistance. Admittedly, there is no

    dispute to the fact that the petitioner had earlier approached this Hon’ble

    Court by filing CWP-1388-2024 and the same was withdrawn without

    seeking or being granted any liberty to institute fresh proceedings on the

    same cause of action. In such circumstances, this Court finds substance in

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    CWP-4985-2025 (O&M)

    the preliminary objection raised by learned counsel for the respondents

    regarding the maintainability of the present petition in view of the ratio laid

    down in Sarguja Transport Service (supra).

    4.1 Apart from the above, it is also not in dispute that an FIR has

    been registered against the petitioner under the provisions of the Prevention

    of Corruption Act, 1988, and the matter is still under consideration before

    the competent forum. The issues raised in the present petition involve

    seriously disputed questions of fact, which cannot be adjudicated upon in the

    exercise of extraordinary writ jurisdiction under Articles 226/227 of the

    Constitution of India.

    5. It is further pertinent to note that the petitioner was engaged as

    a contractual employee, and the rights flowing from such engagement are

    governed by the terms and conditions of the contract, which also require

    factual adjudication. This Court, in exercise of its writ jurisdiction,

    ordinarily refrains from entertaining such matters involving contractual

    disputes coupled with disputed facts.

    6. It is settled law that a fresh writ petition is not maintainable in

    respect of the same subject-matter if the earlier writ petition had been

    withdrawn without obtaining permission of the Court to file a fresh petition.

    A two-Judge Bench of the Hon’ble Supreme Court in Sarguja Transport

    Service (supra), speaking through Justice E.S Venkataramiah, has observed

    as follows:

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    CWP-4985-2025 (O&M)

    “9. The point for consideration is whether a petitioner after
    withdrawing a writ petition filed by him in the High Court
    under Article 226 of the Constitution of India without the
    permission to institute a fresh petition can file a fresh writ
    petition in the High Court under that Article. On this point the
    decision in Daryao’s case (supra) is of no assistance. But we
    are of the view that the principle underlying Rule 1 Order 23
    of the Code should be extended in the interests of
    administration of justice to cases of withdrawal of writ
    petition also, not on the ground of res judicata but on the
    ground of public policy as explained above. It would also
    discourage the litigant from indulging in bench-hunting
    tactics. In any event there is no justifiable reason in such a
    case to permit a petitioner to invoke the extraordinary
    jurisdiction of the High Court under Article 226 of the
    Constitution once again. While the withdrawal of a writ
    petition filed in High Court without permission to file a fresh
    writ petition may not bar other remedies like a suit or a
    petition under Article 32 of the Constitution since such
    withdrawal does not amount to res judicata, the remedy under
    Article 226 of the Constitution should be deemed to have been
    abandoned by the petitioner in respect of the cause of action
    relied on in the writ petition when he withdraws it without
    such permission. In the instant case the High Court was right
    in holding that a fresh writ petition was not maintainable
    before it in respect of the same subject-matter since the earlier
    writ petition had been withdrawn without permission to file
    a fresh petition. We, however, make it clear that whatever we
    have stated in this order may not be considered as being
    applicable to a writ petition involving the personal liberty of an
    individual in which the petitioner prays for the issue of a writ in
    the nature of habeas corpus or seeks to enforce the fundamental
    right guaranteed under Article 21 of the Constitution since such
    a case stands on a different footing altogether. We, however,
    leave this question open.”

    (emphasis supplied)

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    CWP-4985-2025 (O&M)

    7. Furthermore, a Division Bench of this Court in Sukhbir Kaur

    vs. State of Punjab 1996(4) SCT 781, while relying on the judgment of the

    Hon’ble Apex Court in Sarguja Transport Service (supra) reiterated this

    position of law. Speaking through Justice G.S. Singhvi, the following was

    held:

    “5. Since there is nothing in the order dated 20.8.1996 to indicate
    that the writ petition was withdrawn with liberty to approach the
    departmental authorities or with permission to institute a fresh
    petition, the dismissal of writ petition on 20.8.1996 will have to be
    treated as un-conditional. We cannot accept the submission of the
    learned counsel for the petitioner that in addition to what has been
    recorded in the order sheet dated 20.8.1996 the court had made
    some observations which should be read as a part of the order of the
    court and relief should be given to the petitioner ignoring the fact
    that previous writ petition filed on the same subject matter stands
    dismissed as withdrawn.

    6. In State of Maharashtra v. Ram Dass Shrinivas Nayak and another,
    AIR 1982 Supreme Court 1249, a similar attempt was made before the
    Apex Court to dra the court into controversy about the exact
    happening in the proceedings of the High Court. Their Lordships
    repelled such attempt by observing:

    “The court is bound to accept the statement of the Judges
    recorded in their judgment, as to what transpired in court. It
    cannot allow the statement of the Judges to be contradicted by
    statements at the Bar or by affidavit and other evidence. If the
    Judges say in their judgment that something was done, said or
    admitted before them, that has to be the last word on the
    subject. The principle is well settled that statement of fact as
    to what transpired at the hearing, recorded in the judgment of
    the court, are conclusive of the facts so stated and no one can
    contradict such statements by affidavit or other evidence. If
    a party thinks that the happenings in court have been wrongly
    recorded in a judgment, it is incumbent upon the party, while
    the matter is still fresh in the minds of the Judges, to call the
    attention of the very Judges who have made the record to the
    fact that the statement made with regard to his conduct was a
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    CWP-4985-2025 (O&M)

    statement that had been made in error. That is the only way to
    have the record corrected. If no such step is taken, the matter
    must necessarily end there.”

    Since the writ petition No. 12632 of 1996 was dismissed as
    withdrawn on the request made by the learned counsel for the
    petitioner and no permission was given to the petitioner to institute
    fresh writ petition on the same subject matter, we have no hesitation
    to dismiss this writ petition as not maintainable in view of the law
    laid down by the Supreme Court in Sarguja Transport Service v.
    State Transport Appellate Tribunal, Gwalior and others
    , AIR 1987
    Supreme Court 88, wherein their Lordships observed as under:

    “In order to prevent a litigant from abusing the process of the
    court by instituting suits again and again in the same cause of
    action without any good reason the Civil Procedure Code
    insists that he should obtain the permission of the court to file
    a fresh suit after establishing either of the two grounds
    mentioned in Order 23 Rule 1(3). The principle underlying
    the above rule is founded on public policy, but it is not the
    same as the rule of res judicata. This principles underlying
    Rule 1 of Order 23 should be extended in the interests of
    administration of justice to cases of withdrawal of writ
    petition also, not on the ground of res judicata but on the
    ground of public policy. That would also discourage the
    litigant from indulging in bench hunting tactics. In any event
    there is no justifiable reason in such a case to permit a
    petitioner to invoke the extraordinary jurisdiction of the High
    Court under Article 226 once again. While the withdrawal of
    a writ petition filed in a High Court without permission to file
    a fresh writ petition may not bar other remedies like a suit or
    a petition under Article 32 since such withdrawal does not
    amount to res judicata, the remedy under Article 226 should
    be deemed to have been abandoned by the petitioner in respect
    of the cause of action relied on in the writ.”

    For the reason enumerated above, the writ petition is
    dismissed.”

    (Emphasis supplied)

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    CWP-4985-2025 (O&M)

    8 Moreover, the issues raised in the present writ petition entail

    adjudication of disputed questions of fact, which would require appreciation

    of evidence, an exercise that this Court, while exercising its jurisdiction

    under Article 226 of the Constitution of India, is not equipped to undertake.

    9. It is settled law that where disputed questions of facts are

    involved, a petition under Article 226 of the Constitution of India is not the

    proper remedy. A two-Judge Bench of the Hon’ble Supreme Court in S.P.S.

    Rathore vs. State of Haryana, (2005) 10 SCC 1, speaking through Justice

    Y.K. Sabharwal, has held as follows:

    “16. In Chairman, Grid Corpn. of Orissa Ltd. (Gridco) v. Sukamani
    Das
    [(1999) 7 SCC 298] the question which arose for consideration
    was, can the High Court under Article 226 of the Constitution award
    compensation for death caused due to electrocution on account of
    negligence, when the liability was emphatically denied on the ground
    that the death had not occurred as a result of negligence, but because
    of an act of God or of acts of some other persons. The Court held that
    it is the settled legal position that where disputed questions of facts
    are involved, a petition under Article 226 of the Constitution is not a
    proper remedy. Therefore, questions as to whether death occurred
    due to negligence or due to act of God or of some third person could
    not be decided properly on the basis of affidavits only, but should be
    decided by the civil court after appreciating the evidence adduced by
    the parties.
    In T.N. Electricity Board v. Sumathi [(2000) 4 SCC 543]
    it was held that when a disputed question of fact arises and there is
    clear denial of any tortious liability, remedy under Article 226 of the
    Constitution may not be proper. The Court carved out exception to
    this general rule by observing that, it should not be understood that in
    every case of tortious liability, recourse must be had to a suit. When
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    CWP-4985-2025 (O&M)

    there is negligence on the face of it and infringement of Article 21 is
    there, it cannot be said that there will be any bar to proceed under
    Article 226 of the Constitution.”

    10. Further a Two-Judge Bench of the Hon’ble Apex Court in

    Orissa Agro Industries Corporation Ltd. Vs. Bharati Industries 2005 (12)

    725 while speaking through Justice Arijit Pasayat, observed that as follows:

    “9. A bare perusal of the High Court’s judgment
    shows that there was clear non-application of mind. On one
    hand the High Court observed that the disputed questions
    cannot be gone into a writ petition. It was also noticed that
    essence of dispute was breach of contract. After coming to the
    above conclusions the High Court should have dismissed the
    writ petition. Surprisingly, the High Court proceeded to
    examine the case solely on the writ petitioner’s assertion and on
    a very curious reasoning that though the appellant-Corporation
    claimed that the value of articles lifted was nearly rupees 14.90
    lakhs no details were specifically given. From the counter-
    affidavit filed before the High Court it is crystal clear that
    relevant details disputing claim of the writ petitioner were
    given. Value of articles lifted by the writ petitioner is a disputed
    factual question. Where a complicated question of fact is
    involved and the matter requires thorough proof on factual
    aspects, the High Court should not entertain the writ petition.
    Whether or not the High Court should exercise jurisdiction
    under Article 226 of the Constitution would largely depend
    upon the nature of dispute and if the dispute cannot be
    resolved without going into the factual controversy, the High
    Court should not entertain the writ petition. As noted above,
    the writ petition was primarily founded on allegation of breach
    of contract. Question whether the action of the opposite party
    in the writ petition amounted to breach of contractual
    obligation ultimately depends on facts and would require
    material evidence to be scrutinised and in such a case writ
    jurisdiction should not be exercised. (See : State of Bihar v.
    Jain Plastic & Chemicals Ltd.
    , 2002(1) SCC 216).

    10. In a catena of cases this Court has held that where
    dispute revolves round questions of fact, the matter ought not
    be entertained under Article 226 of the Constitution. (See :

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    Chairman, Grid Corporation of Orissa LTd. (GRIDCO) and
    Ors. v. Sukamani Das (Smt.) and Anr.
    , 1999(4) RCR (Civil) 174
    (SC) : (1999(7) SCC 298).”

    11. A Two-Judge bench of the Hon’ble Supreme Court in

    Chairman, Grid Corporation of Orissa Ltd. (Gridco) Vs. Smt. Sukamani

    Das 1999 (7) SCC 298, while speaking through Justice G.T Nanavati made

    the following observations:

    “6. In our opinion, the High Court committed an error in
    entertaining the writ petitions even though they were not fit
    cases for exercising power under Article 226 of the
    Constitution. The High Court went wrong in proceeding on the
    basis that as the deaths had taken place because of
    electrocution as a result of the deceased coming into contact
    with snapped live wires of the electric transmission lines of the
    appellants, that “admittedly/prima facie amounted to
    negligence on the part of the appellants”. The High Court failed
    to appreciate that all these cases were actions in tort and
    negligence was required to be established firstly by the
    claimants. Mere fact that the wire of the electric transmission
    line belonging to the appellant No. 1 had snapped and the
    deceased had come into contact with it and had died was not by
    itself sufficient for awarding compensation. It also required to
    be examined whether the wire had snapped as a result of any
    negligence of the appellants and under which circumstances the
    deceased had come into contact with the wire. In view of the
    specific defences raised by the appellants in each of these cases
    they deserved an opportunity to prove that proper care and
    precautions were taken in maintaining the transmission lines
    and yet the wires had snapped because of circumstances
    beyond their control or unauthorised intervention of third
    parties or that the deceased had not died in the manner stated
    by the petitioners. These questions could not have been decided
    properly on the basis of affidavits only. It is the settled legal
    position that where disputed questions of facts are involved a
    petition under Article 226 of the Constitution is not a proper
    remedy. The High Court has not and could not have held that
    the disputes in these cases were raised for the sake of raising
    them and that there was no substance therein. The High Court
    should have directed the writ petitioners to approach the Civil
    Court as it was done in OJC No. 5229 of 1995.

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    CWP-4985-2025 (O&M)

    12. Reliance in this regard may be placed on the judgement

    rendered by the Hon’ble Apex Court in Shubhas Jain v. Rajeshwari

    Shivam, 2021 SCC Online SC 562 , Union of India v. Puna Hinda, (2021)

    10 SCC 690 and of this Court in Sanchalakshri v. Vijayakumar

    Raghuvirprasad Mehta and another, 1999(1) SCT 88 (SC) : JT 1998(8)

    SC 55.

    13. It is trite law that a writ petition under Article 226 is not an

    appropriate remedy for resolving disputed questions of fact. In such cases,

    the High Court cannot transform itself into a court of first instance to

    reappreciate evidence or decide intricate factual disputes.

    14. Clearly, CWP No.1388 of 2024 (supra) was dismissed as

    withdrawn vide order dated 05.11.2024 without any liberty to file a fresh

    petition on the same subject matter. As such, the present petition is not

    maintainable and cannot be entertained by this Court in terms of the settled

    principles of law. Moreover, the controversy involved in the present case

    gives rise to disputed questions of fact, which cannot be adjudicated upon in

    exercise of writ jurisdiction under Article 226 of the Constitution of India.

    Accordingly, without going further into the merits of the case, the present

    writ petition is dismissed.

    15. However, it is clarified that during the course of arguments,

    petitioner’s counsel has raised a contention that similarly situated

    contractual employee, who was also named in FIR (supra), has been

    reinstated into service. The said contention has been disputed by
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    CWP-4985-2025 (O&M)

    respondents’ counsel. In the event it is found that any such contractual

    employee, similarly placed and named in the aforesaid FIR, has been

    reinstated, the respondents shall consider the claim of the petitioner as well,

    and pass appropriate orders.

    16. Pending miscellaneous application(s), if any, shall also stand

    disposed of.

    (HARPREET SINGH BRAR)
    JUDGE
    01.05.2026
    Puneet Chawla

    Whether speaking/reasoned. : Yes/No
    Whether Reportable. : Yes/No

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