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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
PULLA KARTHIK, J
Gillela Suvarna – Appellant
Versus
The State of Telangana – Respondent
Writ Petition | W.P.No.25087 of 2024
For the Appellants/Petitioners: Sri P.V.Krishnaiah
For the Respondents: learned Government Pleader for Services-I
The court emphasized the deterrence of frivolous litigation and imposed costs to discourage abuses of the judicial process.
Headnote:(A) Article 226 of the Constitution of India - Writ of Mandamus - Petition seeks to establish misconduct and discriminatory actions by respondents, claiming violation of Articles 14, 16 and 21. The petitioner alleges failure to comply with the judgment of the Hon’ble Division Bench and seeks multiple reliefs, including departmental inquiries and compensation. (Paras 1-14)
(B) Frivolous Litigation - The court emphasizes that repeated frivolous claims harm the judicial process and must be deterred. Costs were imposed due to the abuse of judicial resources demonstrated by the petitioner’s repeated filings without pursuing appropriate remedies. The action was viewed as a misuse of the legal system. (Paras 10-14)
Facts of the case:
The petitioner sought various reliefs related to transfer disputes within government services, alleging misconduct by the authorities and undue favoritism. The court viewed the petition as an attempt to evade previous judgments.
Findings of Court:
The court found the current writ petition to be frivolous as the substantive issues raised in earlier pendings cases remained unresolved.
Issues: Whether the petition is a frivolous litigation and if costs should be imposed for abusing the judicial process.
Ratio Decidendi: Courts should impose costs on litigants filing frivolous and vexatious cases to maintain the integrity of the legal system and discourage misuse of legal rights.
Result: Writ petition dismissed with costs of Rs.10,000/- payable within a month.
| Table of Content |
|---|
| 1. petitioner's reliefs request against administrative actions. (Para 1 , 3 , 4 , 5) |
| 2. judicial observations on misuse of legal process. (Para 7 , 8 , 9 , 12 , 13) |
| 3. imposition of costs for frivolous litigation. (Para 10 , 14) |
ORDER:
This writ petition is filed with the following prayer:
“To grant appropriate relief more particularly one in the nature of a Writ of Mandamus under Article 226 of the Constitution of India (i) declaring the action of the 5th respondent in entertaining and implementing the letter No.908/Kollapur/camp office/transfer dated 26.08.2022 issued by the Hon’ble M.L.A. 85-Kollapur Assembly Constituency and consequential endorsement issued by the then Hon’ble Minister for Finance and HM&FW and Endt.No.2899/Min (Fin HM & FW) dated 27.08.2022 by issuing Memo No.8462/G/2022- 1 dated 19.09.2022 by the 2nd respondent constitute misconduct under the All India Services (Conduct) Rules, 1968 and contrary to various decisions rendered by the Hon’ble Supreme Court (ii) declare the action of the 2nd and 3rd respondents in not complying with the judgment of the Hon’’ble Court dated 03.05.2024 in Writ Appeal No. 348 of 2024 not only arbitrary, illegal, discriminatory, malafide, but also constitute misconduct apart from willfully and intentionally doing undue favour to the 9th respondent (iii) declare the action of the 6th and 8th respondents producing fabricated/manipulated records before the learned Single Judge on 12.01.2024 to the effect that 9th respondent has given undertaking for accepting the conditions imposed for mutual transfer on 30.06.2022 is nothing but misleading the Hon’ble Court to deny the relief to the petitioner and to do undue favour to the 9th respondent and liable for appropriate action including disciplinary action violating the fundamental rights of the petitioner under Article 14 , 16 and 21 of the Constitution of India (iv) and issue consequential directions (a) directing the 4th respondent to forthwith initiate departmental proceedings against the 5th respondent being the then Secretary to Government for the misconduct committed by the 5th respondent being the then Secretary to Government by issuing Memo No 8462/G/2022-1 dated 19.09.2022 at the instance of the M.L.A. Kollapur as well as the then Hon’ble Minister for Finance and Health, Medical and Family Welfare apart from issuing the general directions to all the executive authorities not to act at the instance of people’s representatives and political executives contrary to law and at the cost of depriving the rights of the others and take appropriate action as per law (b) direct the 1st respondent to forthwith initiate appropriate disciplinary proceedings against the 2nd and 3rd respondents for the misconduct committed by them by not implementing the judgment of the Hon’ble High Court dated 03.05.2024 in Writ Appeal No.348 of 2024 and issue appropriate directions to all the executive authorities to implement the orders of the Hon’ble Courts without any delay more particularly the orders relating to service matters of the government employees (c) direct the 1st respondent to forthwith initiate appropriate disciplinary proceedings against the 6th and 8th respondents for producing fabricated/manipulated records before the learned Single Judge on 12.01.2024 to the effect that 9th respondent has given undertaking for accepting the conditions imposed for mutual transfer on 30.06.2022 and take appropriate action as per law (d) direct the 1st respondent to forthwith conduct investigation enquiry through 4th respondent against the Respondents No.6, 7, 8 and 9 with regard to possession of disproportionate assets to the known source of income by adopting corrupt practices by doing undue favour to some employees at the cost of others and take appropriate further action as per law (e) direct the respondents No.5, 6, 7, 8 and 9 to pay appropriate compensation of an amount of Rs.20 lakhs for the mental agony, humiliation frustration subject
