Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4518

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Gaurang Kanth, JJ.
Rajendra Prasad – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 6219 of 2023 & CM APPL.24451 of 2023
Decided On : 11-05-2023

Advocates appeared:
Mr. Shrutanjaya Bhardwaj, Advocate, for the Petitioner.
Mr. Tanveer Ahmed Ansari, Senior Panel counsel with Mr. Hilal Haider, GP, for the Respondents.

Misuse of judicial process through filing repeated applications and writ petitions is not permissible.

Headnote:
Misuse of Judicial Process - Petition for Quashing Correspondences and Seeking Promotion and Arrears Dismissed
Fact of the Case:

The petitioner sought to quash correspondences from the respondent-CRPF and requested notional promotion, pay and pension fixation, and arrears of salary and pension. The petitioner had previously filed similar petitions which were dismissed.
Finding of the Court:

The court found that filing repeated applications and writ petitions amounted to misuse of the judicial process. The petition was dismissed without imposing any costs on the petitioner.
Issues: Misuse of judicial process, repeated applications, quashing correspondences, promotion, pay and pension fixation, arrears of salary and pension
Ratio Decidendi: The court emphasized that filing repeated applications and writ petitions is a misuse of the judicial process.
Final Decision: The petition was dismissed without imposing any costs on the petitioner.

JUDGMENT (Oral)

1. Vide the present petition, petitioner is seeking quashing and setting aside of the correspondences/communications/letters dated 16.12.2014, 17.02.2015, 20.09.2017, 27.11.2017, 20.04.2018 and 21.06.2021 issued by the respondent-CRPF; directions to the respondents to grant him notional promotion to the post of Deputy Commandant w.e.f. 01.02.2016, and fixation of his pay and pension accordingly; directions to the respondents to grant him full arrears of salary for the period from 01.02.2015 to 31.01.2018, and to grant him full arrears of pension recalculated based on aforesaid prayers.

2. For the similar and same issue(s), petitioner earlier filed W.P.(C) 8573/2022 before a Co-ordinate Bench of this Court which was dismissed as withdrawn vide order dated 27.05.2022. Thereafter, the petitioner filed an application, i.e. CM Appl.18961/2023, seeking recalling of order dated 27.05.2022, however, the said application was also dismissed as withdrawn vide order dated 18.04.2023 while giving liberty to petitioner to take appropriate steps before the appropriate forum without prejudice to the rights and contentions of the parties, if permissible in law.

3. Thereafter, the present petition has been filed by the petitioner on the same issue(s) as were raised in W.P.(C) 8573/2023.

4. It is pertinent to mention here that filing repeated applications and writ petitions is misuse of judicial process. Though the present petition is liable to be dismissed with heavy costs, however, we refrain from imposing any cost upon the petitioner.

5. In view of above, the present petition is hereby dismissed.

6. Pending application also stands disposed of.

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