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2018 Supreme(Chh) 343

IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
PRITINKER DIWAKER, SANJAY AGRAWAL, JJ.
Rajkumar Mishra S/o Late Ganesh Prasad Mishra - Petitioner
Versus
State of Chhattisgarh, Through Chief Secretary, Mantralaya & Ors. - Respondents
WPPIL No. 113 of 2016
Decided On : 04-05-2018

Advocates:
Advocate Appeared:
For the State :Shri Vivek Sharma, Govt. Advocate.

Headnote:

Prevention of Corruption Act - Public interest litigation - Misuse of government funds - Illegal manner to cause wrongful monetary gain - Seeking registration of offence under the Prevention of Corruption Act against the officers/employees of various departments of the State Government for misuse of the government funds entrusted to them, in an illegal manner to cause wrongful monetary gain to the contractors in connivance with them - When this case was listed before Division Bench comprising one of us (Justice Pritinker Diwaker) and Justice Ram Prasanna Sharma, on request of petitioner, it was directed to be listed and on the said date, again on petitioners request it was ordered to be listed after five weeks - Held, Court do not think that litigant who is appearing in person before us can be given an opportunity to dictate to Court and to any judicial officer as to who should be Judge/presiding Judge to whom his cases should be assigned and who should preside over any Division Bench - It is prerogative of Honble Chief Justice and it is he/she who decides how judicial work should be assigned - After reserving matter for order on IA, yet another communication has been sent by the petitioner through speed post stating therein that his cases are likely to be dismissed contrary to law and he may also be harassed - Said communication is taken on record and copy of same has been given to State counsel - In view of aforesaid discussion, keeping in mind settled legal position governing field, application rejected and we do not wish to entertain petitioners subsequent communication as well – Order accordingly

ORDER :

Pritinker Diwaker, J.

This public interest litigation has been filed by the petitioner in person seeking registration of offence under the Prevention of Corruption Act against the officers/employees of various departments of the State Government for misuse of the government funds entrusted to them, in an illegal manner to cause wrongful monetary gain to the contractors in connivance with them.

2. The above-stated petition came-up before the Division Bench consisting of the Chief Justice and Justice Sanjay Agrawal on 20.12.2016 and the matter was directed to be listed before Division Bench-II which consists of one of us (Justice Pritinker Diwaker) and Justice RCS Samant. On 4.1.2017 on the request of the petitioner to prepare and argue the case, it was directed to be listed after five weeks. On 27.3.2017 the case came to be listed before the Division Bench consisting of the Chief Justice and Justice P. Sam Koshy when the State counsel was granted time to obtain certain instructions in the matter and file return and it was ordered to be listed on 2.5.2017. On 2.5.2017 on the request of the State counsel, the matter was directed to be listed on 20th June, 2017 and on the said date, it was posted for 6.7.2017. However, on 6.7.2017 when this case was listed before the Division Bench comprising one of us (Justice Pritinker Diwaker) and Justice Ram Prasanna Sharma, on the request of the petitioner, it was directed to be listed on 10.8.2017 and on the said date, again on the petitioner's request it was ordered to be listed after five weeks. On 25.9.2017 when this matter was listed before the Division Bench comprising the Chief Justice and Justice Sharad Kumar Gupta, none appeared for the petitioner and hence it was ordered to be listed before Division Bench-II. On 13.11.2017 also none appeared for the petitioner and the case was ordered to be listed after two weeks and likewise, on 30.11.2017, 3.1.2018 and 13.2.2018 also none appeared for the petitioner and further dates were given.

3. In the meanwhile, this I.A.No.4/2017 has been filed on 30-10-2017 for recusal of the matter from the Bench in which one of us (Pritinker Diwaker, J) is a member. In the said application, the petitioner has given reference to similar applications filed in his other petitions i.e. WPPIL Nos.96/2017 and 97/2017 and has also annexed a copy of one such application. The reason for recusal assigned in that application is that fifteen PILs have been dismissed contrary to law and fourteen PILs have been dismissed assigning various reasons and one PIL {W.P.(PIL)No.25/2014} filed by advocate has been dismissed with a cost of Rs. 10,000/- on the ground that advocate cannot file PIL, whereas in other two PILs filed by advocates, cost was not imposed and some of the PILs have been dismissed for want of prosecution, whereas the petition once filed should be decided on merits. It is further stated that the PILs have been dismissed as withdrawn by the petitioners concerned fearing imposition of cost.

4. It has also been pleaded by the petitioner that attitude of Justice Pritinker Diwaker is not justice-oriented towards PIL and having negative attitude, therefore my petition be not listed before a Bench consisting of Justice Pritinker Diwaker. It has further been stated in paragraph 11 of the said application that in two writ appeals filed by the petitioner, attitude of Justice Diwaker is not proper and opinion has been expressed to impose heavy cost, therefore the matter be recused from the court of Justice Pritinker Diwaker.

5. The petitioner had filed this application before this Court on 30-10-2017 and has not appeared even to support that application. In paragraph 5 of the said application, reference of certain orders have been given, which has been passed by the Division Bench of this Court in which one of us (Justice Pritinker Diwaker) was a member. If these orders were passed contrary to law, the legal remedy is to challenge the same before the higher forum and





























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