Constructive Res Judicata Bars Repetition of a Challenge to Prima Facie Opinion in Disciplinary Proceedings

A writ challenge to a council's prima facie opinion and the resulting disciplinary proceedings was barred by constructive res judicata because the petitioners had already questioned the same show-cause notice and opinion before the Bombay High Court. The later petition arose from the same cause of action, and additional RTI material only supplied further support for an issue that could have been raised earlier. Applying constructive res judicata, the court held that a plea available in the earlier proceedings could not be reagitated in a subsequent writ petition, and the challenge was rejected.

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Issues: Whether the petition challenging the validity of the Council's prima facie opinion and the consequent disciplinary proceedings was barred by constructive res judicata.

Analysis: The petitioners had earlier approached the Bombay High Court and had specifically challenged the show-cause notice and the prima facie opinion which formed the basis of the disciplinary enquiry. The present challenge was substantially the same, and the later RTI information only furnished additional grounds in support of an already raised challenge. A plea that could have been taken in the earlier proceedings cannot be reagitated in a subsequent writ petition arising from the same cause of action. The Court applied the principle of constructive res judicata and held that the petitioners could not be permitted to resuscitate a challenge they had already exhausted.

Conclusion: The challenge to the prima facie opinion and the disciplinary proceedings was barred and was rejected.

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