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2008 Supreme(Del) 372

IN THE HIGH COURT OF DELHI
Honble Judges: Manmohan Sarin and Manmohan, JJ.
N.D. Qureshi – Appellants
Vs.
Union of India (UOI) and Anr. – Respondent
Writ Petition (Civil) No. 8154 of 2007
Decided On: 27.03.2008

Advocates appeared:
For Appellant/Petitioner/Plaintiff: Party-in-Person
For Respondents/Defendant: Jyoti Singh, Adv.

Headnote:Constitution of India, 1950

       Article 226 - Petitioner repeatedly filed petitions/proceedings claiming the same relief, despite the earlier proceedings having attained finality-- On the principle of res-judicata the petitioner is barred from raising new pleas for the same old relief--Abuse of the process of the court--Frivolous or vexatious proceedings amount to an abuse of the process of the court especially were the proceedings are absolutely groundless--Writ petition, dismissed.

JUDGMENT

Manmohan, J.

1. The issue that arises for consideration in the present proceedings is whether the petitioner can repeatedly file fresh petitions/proceedings claiming the same relief, despite the earlier proceedings having attained finality.

2. Briefly stated the material facts for this case, as apparent from the chart incorporated in the Respondents counter affidavit, are that in the year 1988, the petitioner had filed a petition being OA No. 574/1998 before the Central Administrative Tribunal, Principal Bench, New Delhi. By way of that OA, the petitioner had sought pay fixation in the selection post of PA to Director General (DG), further promotion to the post of Personal Secretary (PS) to DG, subsequent promotion to the post of Regional Director and upgradiation of the existing post of PS to DG to the corresponding post of PS in the CSSS hierarchy. The said petition was dismissed by the Tribunal on 23rd April, 1999.

3. Aggrieved by the dismissal of said OA, the petitioner filed a civil writ petition being WP(C) No. 6783/1999 in this Honble Court. This writ petition was dismissed on 10th March, 2000. The petitioner thereafter filed another writ petition being WP (C) No. 4633/2000 before this Honble Court, which was also dismissed on 22nd August, 2000.

4. Petitioner filed a review application being RA 315/2000 before the Administrative Tribunal against the order dismissing OA No. 574/1998. The said review application was also dismissed by the Tribunal on 6th December, 2000. Against the dismissal of the said RA, the petitioner filed another writ petition in this Honble Court being WP(C) No. 498/2000. The said writ petition was also dismissed by this Honble Court on 10th January, 2001.

5. In the year 2001 the petitioner filed another petition before the Administrative Tribunal being OA 1399/2001 praying for the same reliefs. The said petition was dismissed as withdrawn on 31st May, 2001. Another OA 1615/2001 filed by the petitioner was dismissed by the Tribunal on grounds of rest judicata on 19th July, 2001.

6. A fresh petition being OA 1305/2001 was filed before the Central Administrative Tribunal. This petition was dismissed on 26th August, 2002 on the ground that it was barred by principle of rest judicata and constructive rest judicata. A review application being RA 255/2002 was also filed against the said order. The same was also dismissed on 8th November, 2002.

7. Thereafter, the petitioner filed another application being MA No. 2923/2002 under Rule 24 of the CAT (Procedure) Rules, 1987 to quash the earlier orders passed by the Tribunal dated 8th November, 2002 in RA 255/2002 and the order dated 26th August, 2002 in the OA No. 1305/2002. On 24th February, 2003 the said application was dismissed by the Tribunal as not maintainable under the provisions of Rule 24 of the CAT (Procedure) Rules, 1987.

8. In the year 2003 the petitioner filed another writ petition being WP(C) No. 2531/2003 before this Honble Court. On 16th August, 2007 the said writ petition was dismissed as withdrawn. No liberty was either sought or granted by this Honble Court while dismissing the said writ petition.

9. In the year 2007, the petitioner filed the present writ petition praying for a large number of diverse reliefs like payment of Rs. 3 crores on account of arrears of salary and interest, hearing of the present writ petition by a specially constituted Bench within a definite time frame after placing on record the documents running into 200 pages. In the present writ petition the petitioner has contended that the judgment and orders of the Tribunal dismissing OA No. 574/1998 as well as MA No. 2923/2002 are contrary to their own findings, vocative of the principles of natural justice, equity and fair-play. In the writ petition the petitioner has sought upgradiation of the post of PA to DG, DPC for promotion to the post of PS to DG, promotion to the post of Deputy Regional Director and upgradiation of post of PS to DG as PPS to DG.

10. D







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