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SCA/11859/2009 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11859 of 2009
=========================================
ARVINDBHAI
DHANABHAI CHAUDHARY - Petitioner(s)
Versus
DEPUTY
GENERAL MANAGER & 3 - Respondent(s)
=========================================
Appearance :
MR
M P SHAH for
Petitioner(s) : 1,MS. KRUTI M SHAH for Petitioner(s) : 1,
None for
Respondent(s) : 1 - 4.
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CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 22/02/2010
ORAL
ORDER
Admittedly,
this is second petition for the same prayer. The earlier petition,
Special Civil Application No. 115 of 2006, was dismissed with the
observation that no other contention was raised before the Court. It
is now vehemently argued by learned counsel, Ms. Shah, that criminal
proceeding against the petitioner was pending at that time; whereas
now the prosecution has ended into acquittal of the petitioner and,
therefore, the petitioner is entitled to challenge the order of his
dismissal on the other available grounds. Since the petition is
barred by salutary principles of constructive res-judicata and
the petitioner cannot be permitted to agitate one after other issues
by filing different petitions at different stages, the petition is
summarily dismissed.
(D.H.Waghela,
J.)
Jyoti
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