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SUPREME COURT OF INDIA
Sanjay Kishan Kaul, Aravind Kumar, JJ.
K.C. Tharakan – Appellant
Versus
State Bank of India & Ors. – Respondents
Writ Petition (Civil) Diary No(s). 27458/2022
Decided On : 01-05-2023
Fact of the Case:
The petitioner, who had been dismissed from service in 2004 and had also seen his review petition dismissed, filed a writ petition under Article 32 of the Constitution of India seeking to reopen the matter.Finding of the Court:
The court dismissed the writ petition with costs, citing that continually raising resolved issues at the highest level is an abuse of judicial process.Issues:
Abuse of judicial process, reopening resolved matters.Ratio Decidendi:
Once a matter is resolved at the highest level, it cannot be continuously brought up; failure to file a curative petition was noted; emphasis on avoiding wastage of judicial time.Final Decision:
The writ petition was dismissed with costs of Rs.10,000/- to be deposited with the Supreme Court Advocates-on-Record Welfare Fund.ORDER
1. Delay condoned.
2. The petitioner was dismissed from service and the matter stood closed in the year 2004. The review petition was also dismissed.
3. The petitioner has not filed a curative petition but has filed a writ petition under Article 32 of the Constitution of India claiming that injustice has been done to him and the matter should be reopened.
4. No legal system can have a scenario where a person keeps on raking up the issue again and again once it is resolved at highest level. This is complete wastage of judicial time. We, thus, dismiss this petition with costs, though we limit the amount of costs considering the petitioner is a dismissed person.
5. The writ petition is dismissed with costs of Rs.10,000/- to be deposited with the Supreme Court Advocates-on-Record Welfare Fund to be utilized for the SCBA library.
The right to access courts is fundamental but must be exercised responsibly; frivolous litigation undermines the legal system and can result in costs imposed on the litigant.
The dismissal of a review petition confirms the main order, and anyone aggrieved must challenge the main order, not the order dismissing the review petition. The abuse of the process of the Court can....
Inordinate delay in approaching a Writ Court can be a relevant factor for the exercise of equitable jurisdiction.
The limited scope of Judicial Review in interfering with the quantum of punishment imposed by the Competent Authority.
A writ petition can be dismissed for non-prosecution if the petitioner fails to show interest in pursuing the case.
Writ petition dismissed as withdrawn after petitioner's reinstatement with backwages rendered relief infructuous.
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