Piyush Mishra vs Union Of India on 6 April, 2026

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    Chattisgarh High Court

    Piyush Mishra vs Union Of India on 6 April, 2026

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                                                                                                       AFR
             Digitally
    VISHAKHA signed by
    BEOHAR   VISHAKHA
             BEOHAR
    
                                   HIGH COURT OF CHHATTISGARH AT BILASPUR
    
                                                     WPS No. 13990 of 2025
    
                                                Order Reserved on 17.03.2026
                                                Order Delivered on 06.04.2026
    
    
                         1 - Piyush Mishra S/o Shri G.K. Mishra, Aged About 33 Years
                         Presently Working As Aee/trs/secr, R/o Infront Of Parihar Petrol
                         Pump, Village- Barbaspur, Post- Barbaspur, Tehsil- District-
                         Anuppur, Madhya Pradesh- 484224.
                                                                                           ... Petitioner(s)
                                                                versus
                         1 - Union Of India Through The General Manager, South East
                         Central Railway, New Gm Building, Bilaspur C.G. 495004.
    
    
                         2 - The Secretary, Railway Board, Ministry Of Railways, Rail
                         Bhawan,       Raisena       Road,      Rafi     Marg,     New      Delhi-     110001.
    
    
                         3 - The Principal Chief Electrical Engineer, South East Central
                         Railway,         New          Gm         Building,          Bilaspur-         495004.
    
    
                         4 - The Chief Personnel Officer, Personnel Department, South East
                         Central Railway, Gm Office, Bilaspur- 495004.
                                                                                           ... Respondents
                                (Cause-title taken from the Case Information System)
                         ----------------------------------------------------------------------------------------
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    For Petitioner       :-     Mr. Jitendra Pali, Advocate
    For Respondents:- Mr. Ramakant Mishra, DSG alongwith Mr.
    Palash                             Tiwari, Advocate
    ----------------------------------------------------------------------------------------
           Division Bench : Hon'ble Shri Justice Sanjay S. Agrawal
                  & Hon'ble Shri Justice Amitendra Kishore Prasad
                                     CAV Order
    
    
    Per, Amitendra Kishore Prasad, J.
    

    1. The petitioner has preferred the present writ petition under

    Articles 226 of the Constitution of India challenging the judgment

    SPONSORED

    and final order dated 12.11.2025 passed by the Hon’ble Central

    Administrative Tribunal, Jabalpur Bench at Circuit Sitting, Bilaspur,

    in O.A. No. 203/669/2023, whereby the learned Tribunal has

    dismissed the claim of the petitioner in a mechanical and arbitrary

    manner without proper appreciation of the factual matrix, applicable

    statutory rules, and the settled principles of natural justice.

    2. Subject matter in brief is that the present petition arises out of

    denial of a fair opportunity to the petitioner, a Railway officer with

    an unblemished record, in a departmental inquiry initiated pursuant

    to a Central Bureau of Investigation trap case. The petitioner’s

    request to engage a suitable Defence Assistant, particularly a

    retired Railway employee, has been repeatedly rejected by the

    respondents in a mechanical and arbitrary manner without

    recording any reasons. Despite subsequent developments and the
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    coming into force of the Railway Servants (Discipline and Appeal)

    (Second Amendment) Rules, 2024, which expressly permit such

    assistance subject to reasoned consideration, the respondents

    failed to reconsider the petitioner’s request and proceeded with the

    inquiry. This has caused serious prejudice to the petitioner and

    amounts to violation of the principles of natural justice, leading to

    filing of the present petition.

    3. The petitioner has prayed for following reliefs in the present

    writ petition:-

    “i. To kindly call for the entire original record
    pertaining to the impugned proceedings and
    the orders passed by the respondent
    authorities, for the kind perusal of this
    Hon’ble Court;

    
    
               ii. To kindly quash and set aside the
               judgment      and     order       dated     12.11.2025
               passed        by       the        Hon'ble       Central
    

    Administrative Tribunal, Jabalpur Bench at
    Circuit Sitting: Bilaspur in O.A. No.
    203/669/2023, and allow the Original
    Application filed by the petitioner;

    iii. To kindly direct the respondents to
    conduct and conclude the departmental
    inquiry strictly in accordance with law, only
    after providing the petitioner a fair,
    reasonable, and effective opportunity of
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    defence, including permission to engage the
    Defence Assistant of his choice.

    iv. To kindly pass any other or further
    order(s) as may be deemed fit, proper, and
    just by this Hon’ble Court in the facts and
    circumstances of the case, including an
    order awarding costs in favour of the
    petitioner.”

    4. Facts of the case, in a nutshell, are that the petitioner, a

    dedicated Railway officer serving as ADEE (O.P.)/RIG/SECR with

    an unblemished service record, was arrested on 01.08.2015 in a

    Central Bureau of Investigation trap case, which allegation he has

    consistently denied. Thereafter, a charge memorandum dated

    03.08.2016 was issued initiating major penalty proceedings against

    him. During the course of the departmental inquiry, the petitioner

    was denied a fair opportunity to defend himself, as his request to

    engage an experienced retired Railway officer, Shri M.V.D.

    Satyanarayana, as Defence Assistant was arbitrarily rejected. The

    said request was also not accepted by the Central Administrative

    Tribunal in the year 2019 on a narrow interpretation of the

    applicable rules. It is further the case of the petitioner that

    subsequent developments revealed that retired Railway employees

    had been permitted to act as Defence Assistants in other

    departmental proceedings. Despite repeated representations
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    submitted by the petitioner from the year 2022 onwards seeking

    reconsideration of his request, the same were mechanically

    rejected without assigning any reasons. Meanwhile, the inquiry was

    continued in haste, compelling the petitioner to participate without

    effective defence assistance, thereby causing serious prejudice to

    him. It is further submitted that even after the coming into force of

    the Railway Servants (Discipline and Appeal) (Second

    Amendment) Rules, 2024, which liberalized the provision relating

    to engagement of Defence Assistant and required reasoned

    consideration of such requests, the respondents failed to apply the

    amended provisions and continued to deny the petitioner his

    legitimate right. Ultimately, the learned Central Administrative

    Tribunal, by order dated 12.11.2025, dismissed the Original

    Application preferred by the petitioner in a mechanical manner,

    giving rise to the present writ petition.

    5. Learned counsel for the petitioner submits that the impugned

    order passed by the Learned Central Administrative Tribunal is

    wholly unsustainable in law as well as on facts and is liable to be

    set aside. It is contended that the Tribunal has committed a grave

    error in invoking the principle of res judicata, as the present

    proceedings arise out of fresh and independent causes of action,

    including subsequent rejection orders passed in the years 2022

    and 2023, as well as the significant statutory development brought
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    about by the amendment dated 16.07.2024 to Rule 9(13)(a) of the

    Railway Servants (Discipline and Appeal) Rules, 1968. It is further

    submitted that the said amendment has substantially liberalised the

    provision relating to engagement of Defence Assistant and casts a

    mandatory obligation upon the authorities to consider such

    requests by recording reasons in writing. However, despite the

    amendment being in force and fully applicable, the respondent

    authorities failed to consider the petitioner’s request in light of the

    amended rule and continued to reject the same in a mechanical

    and arbitrary manner, thereby violating statutory mandate and

    principles of natural justice. It is further contended that the

    petitioner has a fundamental and statutory right to a reasonable

    opportunity of defence under Article 311(2) of the Constitution of

    India, which includes the right to be assisted by a competent

    Defence Assistant, particularly in a complex and technical inquiry

    arising out of a CBI trap case. The denial of permission to engage

    an experienced Defence Assistant, namely Shri M.V.D.

    Satyanarayana, has caused serious prejudice to the petitioner and

    has vitiated the entire inquiry proceedings. It is submitted that the

    respondents have failed to demonstrate any prejudice or

    administrative difficulty in permitting the said Defence Assistant,

    especially when he has been allowed to act in similar proceedings

    in other Railway units, thereby rendering the denial arbitrary and
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    discriminatory. Learned counsel further submits that the Tribunal

    has failed to appreciate that RBE No. 177/1990 is merely

    illustrative and not restrictive in nature, and cannot be interpreted

    to curtail the petitioner’s right to seek appropriate assistance. It is

    also submitted that the Tribunal has overlooked the fact that the

    respondents proceeded with the inquiry despite pending

    representations of the petitioner, thereby compelling him to defend

    himself without adequate assistance, which is in clear violation of

    the principles of natural justice. In view of the aforesaid, it is prayed

    that this Hon’ble Court may be pleased to set aside the impugned

    order and grant appropriate relief to the petitioner.

    6. Learned counsel for the respondents submits that the present

    writ petition is devoid of merits and is liable to be dismissed at the

    threshold, as the issues raised herein stand conclusively

    adjudicated by the Learned Central Administrative Tribunal in

    earlier as well as subsequent proceedings. It is contended that the

    petitioner, while serving as ADEE (OP)/RIG, was caught red-

    handed by the CBI on 31.07.2015 while demanding and accepting

    illegal gratification and was arrested on 01.08.2015, pursuant to

    which a major penalty charge-sheet was issued on 03.08.2016,

    and departmental proceedings were initiated strictly in accordance

    with law. During the inquiry, the petitioner sought permission to

    engage a particular Defence Assistant of his choice, which was
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    duly considered and rejected in terms of the prevailing rules and

    administrative instructions, and the said rejection was specifically

    upheld by the Learned Tribunal in O.A. No. 203/224/2017 vide

    order dated 11.01.2019, thereby attaining finality. It is further

    submitted that despite the issue having been conclusively decided,

    the petitioner continued to file repeated and successive

    representations on identical grounds with the sole intention of

    creating artificial and fresh causes of action and delaying the

    departmental proceedings. The respondents, however, considered

    such representations and rejected them in accordance with law,

    while simultaneously affording the petitioner full and adequate

    opportunity to participate in the inquiry proceedings. It is contended

    that the petitioner has, in fact, been regularly attending the inquiry,

    and the allegation of denial of reasonable opportunity is wholly

    baseless and an afterthought. Learned counsel further submits that

    the subsequent Original Application being O.A. No. 669/2023 was

    rightly dismissed by the Learned Tribunal vide order dated

    12.11.2025 on the ground of res judicata, as the issue regarding

    appointment of Defence Assistant had already been adjudicated

    and could not be reopened. In this regard, reliance is placed upon

    the judgment of the Hon’ble Supreme Court in M. Nagabhushana

    v. State of Karnataka and others AIR 2011 SC 1113, wherein it has

    been held that not only issues actually raised but also those
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    which ought to have been raised earlier are barred by the

    principles of res judicata and constructive res judicata, and such

    principles apply with full force even to writ proceedings. It is further

    submitted that the reliance placed by the petitioner on the Railway

    Servants (Discipline and Appeal) (Second Amendment) Rules,

    2024 is wholly misconceived and legally untenable, inasmuch as

    the disciplinary proceedings in the present case were initiated in

    the year 2016 and the issue regarding appointment of Defence

    Assistant had already attained finality by virtue of the Tribunal’s

    order dated 11.01.2019. The said amendment does not operate

    retrospectively and cannot be invoked to reopen settled issues or

    to unsettle judicial findings that have attained finality. Even

    otherwise, the petitioner cannot claim any vested right to insist

    upon a particular Defence Assistant, and the competent authority

    has the discretion to regulate such appointment in accordance with

    applicable rules. It is also contended that permitting the petitioner

    to repeatedly agitate the same issue would amount to abuse of the

    process of law and would defeat the very purpose of disciplinary

    proceedings, particularly in a case involving serious allegations of

    corruption. The conduct of the petitioner clearly demonstrates a

    deliberate attempt to prolong and delay the inquiry proceedings by

    raising untenable objections, filing repetitive representations, and

    making unfounded allegations against the Inquiry Officer and
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    authorities. The record would show that the inquiry has been

    prolonged for several years primarily due to such obstructive

    tactics adopted by the petitioner. In view of the aforesaid

    submissions, it is prayed that this Hon’ble Court may be pleased to

    dismiss the present writ petition, as the same is barred by the

    principles of res judicata, and devoid of any merit.

    7. We have heard learned counsel for the parties and perused

    the material available on record.

    8. From a bare perusal of the record, it appears that the

    petitioner was issued a charge memorandum dated 03.08.2016

    proposing initiation of major penalty proceedings in a departmental

    enquiry. During the course of the enquiry, the petitioner submitted

    an application seeking assistance of a defence assistant of his

    choice. However, the said application came to be rejected by the

    competent authority on the basis of the interpretation of Railway

    Board Circular RBE No. 177/1990, according to which the

    delinquent employee cannot claim appointment of a specific

    defence assistant of his own choice, particularly when such person

    is a retired railway employee and is not otherwise permissible

    under the applicable rules.

    9. It is not in dispute that a retired enquiry officer has already

    been appointed in the matter and the departmental proceedings

    are continuing. The record further reflects that earlier also the
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    petitioner had approached the competent forum raising

    substantially similar grievance regarding appointment of a

    particular defence assistant, and such original application was

    dismissed. Therefore, merely by reiterating the same grievance

    through subsequent representations, no fresh cause of action can

    be said to have arisen.

    10. The material available on record further indicates that after

    rejection of his request, the petitioner submitted multiple

    representations raising repetitive and untenable grounds, which

    were duly considered and rejected by the competent authority from

    time to time. Such repeated representations, founded on the same

    cause, cannot be permitted to reopen an issue that has already

    attained finality.

    11. It is also evident that the petitioner is regularly participating in

    the departmental enquiry and has been afforded full and adequate

    opportunity of hearing. However, instead of availing such

    opportunity and cooperating in expeditious conclusion of the

    proceedings, the petitioner appears to be insisting upon

    appointment of a particular defence assistant of his own choice,

    which is not a vested right under the governing service rules. The

    insistence upon a specific individual, despite clear rejection under

    the applicable circular, indicates an attempt to prolong the

    proceedings rather than facilitate fair adjudication.
    12

    12. This Court also finds substance in the submission advanced

    on behalf of the respondents that for one reason or another, the

    petitioner has succeeded in delaying the departmental enquiry for a

    considerable period of time. The charge-sheet was issued as far

    back as in the year 2016 and even after lapse of nearly ten years,

    the enquiry has not attained finality. Such prolonged pendency

    adversely affects disciplinary administration and frustrates the very

    purpose of departmental proceedings.

    13. Since the earlier application seeking substantially identical

    relief had already been considered and rejected, the subsequent

    application raising the same grievance would clearly attract the

    principles analogous to res judicata. The learned Central

    Administrative Tribunal has rightly taken note of the fact that earlier

    proceedings had already culminated and directions were issued

    only to decide the petitioner’s representation, which representation

    also stood rejected thereafter. Filing successive applications on

    identical grounds, after rejection of earlier claims, cannot be

    permitted in law.

    14. In this regard, reference may aptly be made to the judgment

    of the Hon’ble Supreme Court in M. Nagabhushana v. State of

    Karnataka and Others reported in AIR 2011 SC 1113, wherein it

    has been held that repeated litigation on the same cause after
    13

    adjudication is impermissible and cannot be allowed to create

    recurring causes of action.

    15. This Court is also of the considered opinion that the scope of

    interference in matters arising from interlocutory stages of

    departmental proceedings is extremely limited. Unless it is

    demonstrated that the proceedings suffer from patent lack of

    jurisdiction, violation of mandatory statutory provisions, or manifest

    denial of natural justice resulting in serious prejudice, interference

    under Articles 226 and 227 of the Constitution of India is not

    ordinarily warranted.

    16. In Union of India v. Kunisetty Satyanarayana 2006 (12) SCC

    28, the Hon’ble Supreme Court has categorically held that

    ordinarily no writ petition should be entertained against a charge-

    sheet or during pendency of disciplinary proceedings, as the

    delinquent employee has adequate opportunity to raise all

    permissible objections before the disciplinary authority itself, and

    premature judicial interference would unnecessarily obstruct the

    disciplinary process.

    17. Likewise, in State of Uttar Pradesh v. Brahm Datt Sharma

    1987 (2) SCC 179, the Hon’ble Supreme Court has held that

    repeated representations in respect of an issue already decided do

    not furnish a fresh cause of action, nor can they revive a stale or

    concluded claim.

    14

    18. In the present case, the grievance regarding appointment of a

    particular Defence Assistant had already been examined and

    adjudicated in earlier proceedings. The petitioner, instead of

    permitting the disciplinary proceedings to attain their logical

    conclusion, continued to submit successive representations and

    initiate fresh rounds of litigation on substantially identical grounds.

    19. The plea raised on behalf of the petitioner that the

    subsequent amendment in the Railway Servants (Discipline and

    Appeal) Rules, 2024 creates a fresh enforceable right also does

    not merit acceptance. A statutory amendment, unless expressly

    made retrospective, cannot reopen an issue that has already

    attained finality by judicial adjudication. More particularly, the

    amendment does not confer an absolute right upon a delinquent

    employee to insist upon appointment of any specific individual as

    Defence Assistant.

    20. In this regard, the principle laid down by the Hon’ble Supreme

    Court in Crescent Dyes and Chemicals Ltd. v. Ram Naresh Tripathi

    (1993) 2 SCC 115 squarely applies, wherein it has been held that

    representation in disciplinary proceedings through a chosen person

    is not an unrestricted right and remains subject to statutory

    regulation.

    21. The record further demonstrates that the petitioner has been

    participating in the enquiry proceedings and no material has been
    15

    brought on record to establish that any actual prejudice has been

    caused so as to vitiate the enquiry itself. Mere refusal to permit a

    preferred Defence Assistant cannot ipso facto amounts to denial of

    reasonable opportunity when other lawful means of defence remain

    available to the delinquent employee.

    22. This Court also cannot lose sight of the fact that the charge

    memorandum was issued on 03.08.2016 and despite lapse of

    considerable time, the enquiry has remained pending.

    Departmental proceedings, particularly in matters involving

    allegations of corruption, are required to be concluded within a

    reasonable period so that administrative discipline is maintained

    and public confidence in institutional processes is preserved.

    23. Delay tactics adopted by a party cannot be permitted to

    defeat the course of justice and deserve to be deprecated, as held

    by the Supreme Court of India in (2019) 8 SCC 134 State Bank of

    India and Others vs. Atindra Nath Bhattacharyya and Another. It

    has been held that once adequate opportunity has been granted, a

    party who fails to avail the same cannot seek repeated

    opportunities on the pretext of justice, as such indulgence would

    amount to rewarding delay and obstructing finality of proceedings.

    Relevant paragraph is quoted hereinbelow:-

    “11. The learned Single Bench has set aside the
    order of punishment as well as the penalty order
    directing the employer to serve a notice before
    16

    imposing penalty. The respondent avoided
    availing the said opportunity when offered on 24-
    3-2016, 7-4-2016 and 22-4-2016. Once
    opportunity has been granted to the respondent,
    he is not entitled to another opportunity on the
    ground of compassion. The only reasoning given
    by the Division Bench [Atindra Nath
    Bhattacharyya v. SBI, 2017 SCC OnLine Cal
    2559 : (2017) 2 CLR 385] is “justice demands”

    that the respondent be given one last opportunity
    to place his version. The respondent has lost his
    chance to put his version before the competent
    authority when called upon by the authority to do
    so. Time and again opportunity of hearing cannot
    be granted on the pretext of justice. The delaying
    tactics cannot be rewarded in such a manner.

    Once the respondent has failed to avail of the
    opportunity of hearing granted, the Bank cannot
    be directed to give another opportunity for the
    sake of justice. Therefore, we find that the
    directions contained in para 18 of the judgment
    passed by the Division Bench [Atindra Nath
    Bhattacharyya v. SBI, 2017 SCC OnLine Cal
    2559 : (2017) 2 CLR 385] are not sustainable
    and the same are set aside.”

    24. The principle of res judicata is equally applicable to

    departmental and administrative proceedings once an issue has

    been finally adjudicated between the parties and has attained

    finality. The Supreme Court of India in Puja Ferro Alloys P. Ltd. v.
    17

    State of Goa and Others, 2025 SCC OnLine SC 326, reiterated

    that the doctrine of res judicata is founded on public policy to

    ensure finality in litigation and to prevent re-agitation of issues

    already decided, holding that the same principle extends even to

    administrative proceedings and proceedings under Article 226 of

    the Constitution. Relevant paragraphs are quoted hereinbelow:-

    “22. For the principle of res judicata to be
    applied in the subsequent proceeding, it must be
    between the same parties and the cause of
    action of the subsequent proceeding must be
    the same as in the previous proceeding. The
    Supreme Court in the case of Satyadhyan
    Ghosal v. Deorajin Debi15
    has succinctly noted
    that the principle of res judicata is essential in
    giving a finality to judicial decisions by observing
    as under:

    “The principle of res judicata is based on
    the need of giving a finality to judicial
    decisions. What it says is that once a res is
    judicata, it shall not be adjudged again.
    Primarily it applies as between past
    litigation and future litigation. When a
    matter — whether on a question of fact or
    a question of law — has been decided
    between two parties in one suit or
    proceeding and the decision is final, either
    because no appeal was taken to a higher
    court or because the appeal was
    dismissed, or no appeal lies, neither party
    18

    will be allowed in a future suit or
    proceeding between the same parties to
    canvass the matter again. This principle of
    res judicata is embodied in relation to suits
    in Section 11 of the Code of Civil
    Procedure; but even where Section 11
    does not apply, the principle of res judicata
    has been applied by courts for the purpose
    of achieving finality in litigation. The result
    of this is that the original court as well as
    any higher court must in any future
    litigation proceed on the basis that the
    previous decision was correct.

    The principle of res judicata applies also
    as between two stages in the same
    litigation to this extent that a court, whether
    the trial court or a higher court having at an
    earlier stage decided a matter in one way
    will not allow the parties to re-agitate the
    matter again at a subsequent stage of the
    same proceedings. …”

    24. It is now well settled that the principle of res
    judicata applies even to petitions arising for
    decision in the writ jurisdiction under Article 226
    of the Constitution. If any authority is required
    one may profitably refer to the decision in T.P.
    Moideen Koya v. State of Kerala17
    .

    25. In the instant case, we are convinced that
    the writ petitions before the High Court were hit
    by res judicata in view of its previous decision in
    19

    GR Ispat (supra) which, when challenged
    before this Court, was upheld with the further
    observation that a balanced view of the matter
    had been taken and no interference was called
    for. The appellant-companies were all parties
    and are bound by the decision in GR Ispat
    (supra). Having failed up to this Court, the
    appellant-companies could not have adopted a
    stand different from the one taken in the first
    round of litigation. They sought to challenge the
    demand notices by re-opening the litigation and
    arguing that they are entitled to the benefit for
    five years, which they would have been entitled
    to had they availed the supply of power within
    the time that the notification dated 30.09.1991
    was in force.”

    25. The learned Tribunal has rightly appreciated that once earlier

    relief stood declined and such order attained finality, the

    subsequent Original Application raising identical grievance was not

    maintainable and was rightly rejected.

    26. The learned Tribunal, therefore, committed no error in

    rejecting the petitioner’s application vide the impugned order dated

    12.11.2025. The reasoning assigned by the Tribunal is in

    consonance with settled legal principles and does not suffer from

    perversity, illegality, or jurisdictional error warranting interference in

    exercise of writ jurisdiction.

    20

    27. In light of the aforesaid, this Court does not find much less

    sufficient ground, to entertain the present petition. It appears that

    the petitioner is unnecessarily delaying the departmental enquiry

    and obstructing its logical conclusion.

    28. Consequently, the writ petition being devoid of merit deserves

    to be and is accordingly dismissed.

    29. No order as to cost(s).

               sd/-                                    sd/-
       (Sanjay S. Agrawal)                    (Amitendra Kishore Prasad)
              Judge                                   Judge
    
    
    
    
    Vishakha
                              21
    
    
    
    
                       HEAD-NOTE
    
    
    

    “The principle of res judicata applies equally to writ
    petitions under Article 226 of the Constitution of
    India. Once an issue has been finally adjudicated
    between the same parties and affirmed up to the
    higher Courts of India, the same cannot be
    reopened in a subsequent writ petition by adopting
    a different stand. Re-litigation of an issue already
    concluded is impermissible.”



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