D.K.Seth, J. - (1.) Two appeals being Special Appeal No. 317 of 1996 by Union of India and Special Appeal No. 376 of 1996 by Subedar Deena Nath Tiwari have been preferred respectively against the same judgment dated 1.3.1996 passed in Writ Petition No. 9726 of 1989. While the Union of India challenged the whole order dated 1.3.1996, Subedar Deena Nath Tiwari challenged only that part of the order, by which the salary for the period from termination till reinstatement was directed to be considered by the Authorities after the proceeding under Section 125 of the Code of Criminal Procedure is finally decided.
(2.) Both these appeals were heard together. Mr. Shishir Kumar appeared on behalf of Union of India, appellant in Special Appeal No. 317ofl996and respondent in Special Appeal No. 376 of 1996. Mr. Ashok Khare represented Subedar Deena Nath Tiwari, appellant in Special Appeal No. 376 of 1996 and respondent in Special Appeal No. 317 of 1996. Both the learned Counsel addressed the Court on every point involved in the appeal.
(3.) Mr. Shishir Kumar contended that the finding of res judicata as held in the order dated 1.3.1996cannot be sustained, inasmuch as,according to him, there were no two proceedings, on the basis whereof the principle of res judicata could at all be made applicable. The order, on which reliance was placed for holding res judicata was not an order terminating the proceeding and neither the same was passed by an officer competent to decide the issue. Secondly, he contended that the order that has been impugned being an administrative order, the principle of res judicata is not at all attracted. The second assault launched by Mr. Shishir Kumar was that there was no question of directing the matter to be decided after the proceeding under Section 125, Criminal Procedure Code is concluded. Inasmuch as the expression 'Civil Court' used in the relevant provisions does not include a proceeding pending before a Criminal Court. Therefore, it was not incumbent upon the respondents to await the decision of Criminal Court in the proceedings under Section 125, Criminal Procedure Code treating the same to be sub-judice in terms of Regulation 333(C)(c) of the Army Regulation.;