- (1.) R . S. Sial hereinafter referred to as the petitioner has filed this writ petition under Article 226 of the Constitution of India and has prayed for the issue of a writ of certiorari quashing the order of the Transport Commissioner dated September 7. 1967 (Annexure 6) and the communication dated th October, 1968 (Annexure 16) informing the petitioner that the Govern ment had rejected his representation.
(2.) THE petitioner was in the em ployment of the Transport Department of the Government of Uttar Pradesh and was confirmed as Assistant General Manager on 1st December, 1955 with effect from 1st April. 1955. on 30th March. 1963 the petitioner was asked to appear before the Public Service Commis sion which was considering the selection of officiating General Managers. The petitioner appeared before the Public Service Commission and, according to him, he was one of the ten persons select ed, his name being placed at serial No. 3. On 15th April, 1967 he was transferred as officiating General Manager, Aliaharh. The petitioner was, however, reverted to his substantive post and appointed as As sistant General Manager (Rural) in place of Sri V. P. Gupta who was transferred. (See annexure 6.) The petitioner filed a writ peti tion in this court at Allahabad. That peti tion was dismissed on 12th September 1967 by a single word order "dismissed" by S. N. Dwivedi and M. Chandra. There after the petitioner filed the instant writ petition in this Court which came up for hearing before Lakshmi Prasad. J. who referred the case to a larger Bench. The matter was then placed before a Di vision Bench which referred the case to a Full Bench.
(3.) THE first question that arises for consideration in the present case is whether this petition is barred by prin ciples of res judicata and by the rule of finality on the ground that a writ petition on the same facts was dismissed by a Bench of this Court on 12th September. 1967. (See annexure 7.);