Law:

Section:

(a) Civil Procedure Code (V of 1908) ------S. 11-Res judicator-Principle of-Writ petition disposed of ire liming by High Court-Whether would bit as res judicator to subsequent suit on same matter-Petitioner challenging his dismissal order as ab initio void and also for insufficient evidence and want of reasonable opportunity of defence-Writ petition dismissed in liming holding that findings of competent authority regarding sufficiency of evidence and proof of charge of misconduct were conclusive and there was no proof that no reasonable opportunity given to petitioner by respective autho­rity-Order of High Court, in circumstances, having been made on merit would attract principle of res judicator to any subsequent suit on same issues. P L D 1966 Kar. 597 rel. (D) Limitation Act (Ix of 1908)- -------Arts. 14 & 120-Dismissal order passed by competent authority having no personal prejudice after considering facts reported by duly appointed Inquiry Officer-Cannot be called illegal or void-Such order for limitation purpose governable by Art. 14 and not Art. 120 and suit held, time-barred. JUDGMENT HAMZO KHAN M. KURESHI (CHAIRMAN).-This appeal under section 6 of the Act was filed by the Government on 17-2-1975 after their appeal in the High Court abated on 2u-11-1974. The respondent No.1 was dismissed from service by Superintendent of Police, Tharparkar (appellant No. 41 on 5-1-1965 as a result of two inquiries for deserting his duties on 2-11-61 and remaining absent from headquarter without permission from 13th to 24th May 1964 held and proved against him. In his report, the Inquiry Officer, D. S. P. Karam Illabi, recommended a major penalty against the respondent No. 1, who was working as a Prosecuting Sub-Inspector at Chachro from 16-10-1961. Two separate inquiries were held against the respondent and he was dismissed from service in each case by two separate orders both passed on 5-1-1965. Two separate show-cause notices and charge­ sheets along with statement of allegations signed by the Superintendent of Police were served on the respondent before the two inquiries were held against him by the Dy. Superintendent of Police. Both the inquiries were held…

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