1. The appellant present alongwith his counsel. Preliminary arguments heard. A perusal of the record shows that the appellant originally filed appeal in the year 1980, against the respondents, without waiting for the result of the departmental appeal. Later on the result of departmental appeal was conveyed to him and he filed the present appeal on the basis of that. Now the question to be determined is as to whether, the second appeal on the same cause of action is maintainable or not. The answer is in negative, because there is no provision of second appeal before the Tribunal.
2. The first appeal was dismissed as barred by time. He should have waited for the result of the departmental appeal. But he approached the Tribunal in appeal earlier; which was dismissed.
3. Now he cannot avail the opportunity of second appeal before the Tribunal as it is against the enactment, notwithstanding the fact that the result of the appeal was conveyed to him on 20-9- 1987 and appeal by respondent No, 2 was decided on 2-9-1987. There are two remedies for an aggrieved person, either to wait for the result of departmental appeal or to file it before the Tribunal within 90 days. He opted for the second remedy and presently he cannot come in second appeal.
4. The appeal is accordingly dismissed in limine and the file be consigned to the record room after completion.