The petitioner, a Constable on probation, was discharged from Rolls of the Police Department of the State Government vide Police Headquarter, Jammu and Kashmir, Srinagar's Order No. 2871/2003 dated 21.08.2003. Writ Petition SWP No. 1498/2003 preferred by the petitioner against his discharge from service was dismissed by this Court. The Judgment delivered on the Writ Petition attained finality. The petitioner was later acquitted by the Criminal Court in FIR No. 221 of 1995 registered against him at Police Station, Kulgam. After his acquittal, he approached the respondents seeking withdrawal of his discharge from service. Re-verification of his antecedents by the Criminal Investigation Department of the State Government reveals that the petitioner was acquitted by the Criminal Court in FIR No. 221 of 1995 and there was nothing adverse against him and his family members. He has again approached this Court seeking directions against the State-respondents to act on the Re-verification Report for passing orders for his reinstatement in service. He has questioned his discharge too in the present Writ Petition. According to the State-respondents, the acquittal of the petitioner on the criminal Charge, on technical grounds and for non-production of requisite evidence in the Criminal Court, would not entitle him to seek re-entry into service in view of his dubious past. Considered the submissions of learned counsel for the parties. The petitioner had questioned his discharge from service by his Writ Petition, SWP No. 1498/2003, but, without any success. The judgment passed by this Court in petitioner's Writ Petition affirming his discharge from service, having attained finality, he is disentitled to approach this Court again to seek re-adjudication of those issues, which have already been decided by this Court in his earlier Writ Petition, in view of the Principle flowing from Section 11 of the Code of Civil Procedure. The petitioner's Writ Petition may not, therefore, be maintainable, being hit by the Principles of Res judicata. Even otherwise, the petitioner's acquittal for non-production of evidence would not give him any enforceable right to seek his re-entry in service because of the findings recorded on his discharge order that in view of his adverse character/antecedents and reported militant background, it would not be desirable to keep him in Police Organization, as his presence therein would be prejudicial to the interests of security of State and lead to Criminalization of the Organization.
For all what has been said above, besides being found non-maintainable, there is otherwise no merit in the Writ Petition, which is, accordingly, dismissed.