bukki
07 December 2018 at 20:49
I filed first writ petition in april 2016 before high court and single judge directed to consider my representation within one month which was sent to Secretary.
Thereafter Secretary passed an order in July 2016 to me state that due to administrative reason, dispose of my representation was in fructuous.
I also filed contempt in March 2017 but Secretary produced same reply in court. Again I filed second writ petition in nov 2017 and got dismissed stating it is hit by res judicata.
Secretary not disposed my representation as per court direction but contempt was closed and second writ petition dismissed, I dont know what to do.
I want to implement the court order passed in first writ petition to consider my representation. Please suggest me to solve this problem.
Anonymous
30 March 2018 at 17:26
First Writ petition had filed against Person X and accepted a direction to the chief secretary to address the grievance in my representation and dispose of. In action, I filed contempt but government informed before the court that Person X already removed from the post for administrative reasons and representation become infructuous and hence contempt closed.
But in reality no change, Person X continued in same post. So I filed Second petition and got dismissed with cost due to res judicata. Review application is filed because res judicata not applicable since no decision on merits either by Government or Court in earlier. Review only numbered but not listed for hearing till date because bench not sit yet.
Shall I file Third Writ petition to direct the chief secretary to dispose of my representation while review is pending since my representation is not considered till date ? Otherwise any other remedy available
bukki
29 March 2018 at 22:08
Sir,
I filed writ of quo warranto in PIL question the person wrongly continuing in public post without required educational qualification when it came up for admission on 21.06.2016, Government pleader mislead false information before judge that person already removed from post.So advocate withdrawn the petition as dismissed without my knowledge.
Apex Court Rule of Quo Warranto: 1. PIL is maitainable in Service Matters for Quo warranto 2. The rule of locus standi not applicable for Quo warranto. I am not aggrieved person for the post so only the quo warranto was filed.
Now I wish to file new petition writ of mandamus to consider my representation and dispose of because same person still continuing the same post. without required educational qualification.
Please clarify my doubt below
1. Whether new writ petition mandamus is barred by res judicata or not?
2. Whether new writ petition mandamus is barred by locus standi or not?
Member Strength 9,47,757 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Need clarification second writ petition maintainable or not
I filed first writ Petition in 2016 as
prayed that this Hon’ble Court may be pleased to issue a writ of QUO-WARRANTO or any other WRITS, ORDERS or DIRECTIONS in the nature of writ of QUO-WARRANTO questioning under what authority the respondent holding the post of Principal as incharge basis in College name in view of lack of required educational qualifications.
First writ petition was disposed directing the government to dispose of my representation on merits. Government passed order without deciding on merits but stating the Respondent already removed from post, so representation become infructous (but still he continues in same post)
Again I Second writ Petition filed in 2017 as
prayed that this Hon’ble Court may be pleased to issue a writ of QUO-WARRANTO or any other WRIT, ORDER or DIRECTION in the nature of writ of QUO-WARRANTO questioning under what authority the Respondent is holding the post of Professor in college name Puducherry, and officiating as Principal-in-Charge in College name, in view of lack of required qualifications.
_______________________________________________________________________________________________
Please clarify the above Whether Second writ petition maintainable or not???? because court dismissed petition on ground of resjudicata.
(No action taken by government on my representation as directed in first writ hence added same pray in second petition also.)