2014 Supreme(SC) 852

SUPREME COURT OF INDIA
M.Y. EQBAL, PINAKI CHANDRA GHOSE, JJ.
Chaman Lal Saraf (Dead) By LRs. & Ors. – Petitioners
And Ramphal – Applicant
Versus
State of Haryana & Ors. – Respondents
CRL. M.P. NO. 10148 OF 2013 In Special Leave Petition (Crl.) No. 2238 OF 1995)
Decided On : 03-12-2014

IMPORTANT POINT
No litigant can be permitted to abuse the process of court.

Headnote:Administration of Justice – Clarification of order passed by Supreme Court – Supreme Court directing that no order of reinstatement be passed without seeking approval from it – Applicant in garb of approval, seeking clarification or review of the order – Applicant despite having knowledge of the order throughout, seeking clarification after a decade – Abuse of process of court – Not permissible. (Para 34)

       (2010) 2 SCC 241 – Referred

       Facts of the case:

       The present Crl. M.P. No. 10148 of 2013 in S.L.P. (Crl.) No. 2238 of 1995 has been filed by the applicant on 03.04.2013 in pursuance of the order dated 14.3.2013 passed in Special Leave Petition (C) No. 29555 of 2011seeking clarification of the order dated 03.11.2003 passed in Crl. M.P. No. 8421 of 2003 in S.L.P. (Crl.) No. 2238 of 1995, vide which the said Misc. Petition was dismissed with costs and this Court did not grant permission to reinstate the applicant Ramphal.

       Mr. Ramphal, applicant was enrolled as Constable in Haryana Police on 1.6.1963 and subsequently he got promotions. On 9.4.1992, he was promoted to the rank of Inspector due to his outstanding work and performances.

       On 25/26.6.1992, when the applicant was posted as Inspector, Station House Officer of Police Station, City Kaithal, it has been alleged that the applicant alongwith other police officials illegally detained and gave beating to one Chaman Lal Saraf, Ex-M.L.A., and his son Indresh Kumar, (Petitioner Nos. 1 and 2 in S.L.P.(C) No. 2238 of 1995). An Enquiry Commission headed by Shri O.P. Gupta, District & Sessions Judge, Kurukshetra was appointed by the State Government to make an enquiry into the said matter. The said Commission of Enquiry enquired into the allegation of illegal detention and torture of Mr. Chaman Lal Saraf and his son Mr. Indresh Kumar on the night of 25/26.6.1992 by the applicant and Kaithal Police. The Commission of Enquiry submitted its report on 31.7.1993 and recorded a finding that there was an illegal detention and torture of Mr. Chaman Lal Saraf and his son.

       On the basis of the aforesaid report of the Commission of Enquiry, a departmental enquiry was ordered to be held against the applicant which was conducted by Shri Vishal Singh, D.S.P. Panchkula. In the departmental enquiry also, the applicant was found guilty.

       In the year 1994, not feeling satisfied with the report of the Commission of Enquiry, Shri Chaman Lal Saraf and his son filed a Writ Petition praying for issuance of directions to the respondents to hold an independent enquiry through C.B.I. into the alleged incident which took place on 25/26.6.1992. The High Court dismissed the said writ petition. Petitioner Nos.1 and 2 filed S.L.P. (Crl.) No.2238 of 1995.

       The Dy. Inspector General of Police, Rohtak Range, Rohtak vide order dated 29.3.1996, reverted the applicant from the rank of Inspector to that of Sub-Inspector. The Director General of Police, Haryana, suomoto summoned the record and vide its order dated 27.4.1996, dismissed the applicant from the services.

       On 5.5.1996, the applicant filed C.W.P. challenging the aforesaid orders dated 29.3.1996 and 27.4.1996 passed by the Dy. Inspector General, Rohtak Range, Rohtak and Director General of Police, Haryana, respectively, whereby the applicant was reverted from the post of Inspector to Sub-Inspector and thereafter dismissed from the services.

       On 16.8.1996 the S.L.P. (Crl.) No. 2238 of 1995 was disposed.

       The High Court the C.W.P. No. 6675 of 1996 vide its order dated 8.12.1997 and set aside the order of dismissal passed against the applicant. Against the aforesaid order of the High Court, the State of Haryana filed Letters Patent Appeal before the Division Bench of the High Court. The Division Bench did not grant any stay of the order dated 8.12.1997.

       The applicant filed contempt petition as the respondents did not comply with the order dated 8.12.1997 passed by the High Court in C.W.P. No. 6675 of 1996. Thereafter, in compliance of the aforesaid order, the applicant was taken back in the services.

       On 10.11.1998, the Division Bench of the High Court allowed the Letters Patent Appeal and set aside the order dated 8.12.1997 and remanded the matter to the learned Single Judge for deciding the writ petition afresh. On 15.1.1999, the applicant was again dismissed from the service.

       On 11.12.2000, during the pendency of the aforesaid C.W.P. No.6675 of 1996, the State of Haryana, in pursuance to the representation submitted by the applicant, withdrew the orders dated 29.3.1996 and 27.4.1996 which were the subject matter of the said writ petition. On 26.12.2000, the applicant was taken back in service and was further promoted to the rank of D.S.P. The applicant as a result of his reinstatement was also paid arrears of salary and consequential benefits for the period for which he remained out of service.

       In the year 2000, Petitioner Nos. 1 and 2 filed Crl.M.P. Nos. 5767 & 5768 of 2000 in Special Leave Petition (Crl.) No.2238 of 1995. The Crl.M.P. Nos. 5767 and 5768 of 2000 were disposed of.

       During the pendency of the C.W.P. No.6675 of 1996, the applicant reached the age of superannuation and retired from services. On 9.12.2002, the High Court allowed the C.W.P. No.6675 of 1996 filed by the applicant.

       As the Supreme Court vide order dated 14.2.2001 had held that if any order of reinstatement of the applicant is to be passed, it should be passed only after seeking approval of this Court, the State of Haryana filed Crl.M.P. No.8421 of 2003 in S.L.P. (Crl.) No.2238 of 1995 for seeking permission of this Court to implement the order dated 9.12.2002 passed by the High Court reinstating the applicant into the service.

       Supreme Court vide order dated 3.11.2003 dismissed the Crl.M.P. No. 8421 of 2003 and did not grant permission to reinstate the applicant.

       The High Court vide order dated 9.12.2005 recalled the order dated 9.12.2002 and restored the C.W.P. No.6675 of 1996 to its original number.

       The Single Judge of the High Court dismissed the C.W.P. No.6675 of 1996 filed by the applicant.

       The Division Bench of the High Court dismissed the aforesaid L.P.A. filed by the applicant and affirmed the order dated 9.12.2010 passed by the Single Judge.

       The applicant filed Special Leave Petition (C) No. 29555 of 2011. On 14.3.2013, when the said special leave petition came up for hearing, this Court gave liberty to the applicant to file the appropriate application.

       Finding of the Court:

       Applicant indulging in abuse of the process of court.

       Result: Criminal Miscellaneous Petition No.10148 of 2013 dismissed with costs.