Law: Civil Procedure Code (V of 1908)

Section: 1,2

Civil Procedure Code (V of 1908)--- ----O. II, R. 1 & 2---Civil service---Dismissal from service---Unauthorized absence from duty---Cases filed in multiple forums to challenge dismissal from service---Overlapping proceedings in Civil Court and High Court---Propriety---History of the petitioner's litigation showed that he selected multiple forums to institute multiple litigations to challenge the action of the management instead of jotting down all the causes of action available to him for suing in one go---Petitioner could unite both the causes of action such as the rejection order of the appeal and the dismissal order from service promptly instead of splitting the claims and opting to challenge them separately in the High Court and Civil Court which created the complication of overlapping the proceedings and also multiplicity of proceedings---Strange methodology was adopted by the petitioner in that the writ petition was filed in the High Court against the rejection of departmental appeal alone, whereas the dismissal order was challenged separately in a declaratory suit which was instituted after filing the writ petition---Ultimate challenge must have been to the dismissal order rather than assailing the rejection order of the appeal---Merely challenging the order of rejection of the appeal could not serve any purpose, unless, the declaratory suit was proceeded by the competent court of law to decide the fate of the petitioner's dismissal from service---Seemingly, the petitioner had already availed the appropriate remedy of filing a suit in the Civil Court for challenging his dismissal order---Order passed by Civil Court demonstrates that the judge recorded the statement of petitioner and Law Officer of employer-bank, who confirmed that an application to the management had been submitted by the petitioner for an amicable settlement on humanitarian and compassionate grounds which would be processed in accordance with law---After recording the statements, the suit was dismissed as withdrawn with the permission to file a fresh suit in case of further grievance---In view of this situation, there was no justification to interfere, in the impugned judgment of…

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