Constitution of India_1

In a case, Hamid was terminated from the police service. Hamid filed a writ petition against termination order on the ground that a reasonable opportunity of being heard was not given to him by the government. The writ petition was dismissed by the court as the government proved that reasonable opportunity of being heard had been given to the petitioner. Afterwards, Hamid filed another writ petition on the ground that as he was appointed by the Director General of Police, termination by the order of Deputy Inspector General of Police was in violation of Article 311(1) of the Constitution of India. Decide the validity of the second writ petition.

Once the court has dismissed a writ petition, the same may not be presented again to the same court. In this case, the court has dismissed the petition as the government proved that reasonable opportunity of being heard had been given to the petitioner. The second writ Hamid filed, on the ground that as he was appointed by the Director General of Police, and that the termination by the order of Deputy Inspector General of Police was in violation of Article 311(1) of the Constitution of India, hence, is not valid.