Case Note & Summary
The case involved a petitioner whose services were terminated on 5.1.1982. The petitioner initially challenged the termination through writ petition No. 9484/74, which was dismissed by the High Court on 23.8.1974. After allowing that order to become final, he filed a representation against the termination, which was dismissed on 16.9.1975. Subsequently, he approached the U.P. Public Service Tribunal, which dismissed his petition on 4.4.1979. The petitioner then filed another writ petition No. 4536/79 for the same cause, dismissed by the High Court on 16.8.1979. A review petition against this dismissal was also rejected on 16.1.1980, and an application under Article 133 of the Constitution for a certificate of fitness to appeal to the Supreme Court was dismissed on 26.3.1980. The petitioner continued to file petitions, including special leave petition No. 536/81, which was dismissed as well. The court viewed this pattern of repeated filings as an abuse of the judicial process, emphasizing that no litigant has the right to consume court time and public resources indefinitely. The Supreme Court dismissed the writ petition and imposed costs of Rs. 5,000/- to be deposited with the Supreme Court Legal Service Authority within eight weeks.
Headnote
A) Administrative Law - Abuse of Process - Repeated Petitions - Not permissible to file multiple petitions for the same cause - The court condemned the practice of filing successive petitions after finality had been achieved in earlier proceedings. The petitioner had previously challenged the termination of services through various petitions, all of which were dismissed, indicating an abuse of judicial process. Held that finality of judicial proceedings must be respected (Paras Not mentioned).
Issue of Consideration
Whether the repeated filing of petitions by the petitioner constituted an abuse of the process of the court.
Final Decision
The Supreme Court dismissed the writ petition, condemning the repeated filings as an abuse of the judicial process and imposed costs of Rs. 5,000/- to be deposited with the Supreme Court Legal Service Authority.
Law Points
- Abuse of process
- finality of judicial proceedings
- costs in litigation
