Delhi High Court
Parmanand Lal vs The Secretary, Department Of ... on 19 May, 2017
$~SB-2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 19th May, 2017
+ W.P. (C) No.4639/2012
PARMANAND LAL ..... Petitioner
Through Petitioner in person.
versus
THE SECRETARY, DEPARTMENT OF TELECOM ..... Respondent
Through Mr.Vivekanand Mishra, Adv.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MR. JUSTICE I.S. MEHTA
G.S.SISTANI, J. (ORAL)
Brief Background
1. This writ petition was finally decided by a judgment dated 11.01.2013.
Thereafter, a review petition being R.P. No.333/2013 was filed which
was decided on 25.07.2013. A second review petition being R.P.
No.476/2013 was filed which was dismissed on 27.09.2013.
Subsequently, the petitioner filed an application being C.M.
No.16398/2013 complaining that the respondent had violated the
directions contained in the judgment dated 11.01.2013 and reiterated
in the order dated 25.07.2013 in Review Petition No.333/2013. This
application was dismissed as withdrawn on 16.04.2014.
2. Thereafter, another application being C.M. No.26550/2016 was filed
seeking a direction to the respondent to comply with the order dated
25.07.2013 passed in Review Petition No.333/2013. The aforesaid
application was dismissed by this Court by order dated 19.08.2016,
while noticing that the petitioner had filed Cont. Cas(C) No.840/2013
alleging wilful disobedience of the directions contained in the
judgment dated 11.01.2013 and the order dated 25.07.2013 passed in
the review petition, which was dismissed by an order of 15.07.2015;
the said order was assailed by filing Cont. App. (C) No.10/2015 which
was dismissed on 02.02.2016; the LPA preferred bearing No.97/2016
was dismissed on 12.02.2016 and the Special Leave to Appeal being
CC No.7883/2016 was also dismissed on 02.05.2016.
3. Thereafter, the petitioner has filed Crl. M.A. No.18345/2016 under
Section 340 Cr.P.C., C.M. No.15144/2017 for directions and C.M.
No.15145/2017 for discovery of documents.
Crl. M.A. No.18345/2016
4. This is an application under Section 340 Cr.P.C. filed by the petitioner
seeking the following prayers:-
"In view of above facts and circumstances, it is most
respectfully prayed that this Court may graciously be
pleased to:-
(1) take cognizance of facts mentioned above, and
initiate appropriate action under Section 340 of Cr.P.C.
against respondents no.2 & 3 Sri N.R.Bishnoi and Sri
D.N.Shah for fabricating the order dt.22-11-2013 and
submitting false affidavit for obstructing course of justice;
(2) take Cr. Contempt proceedings against respondents
2 & 3 for non compliance and subverting the directions in
the WP No.4639/2012 for all promotions and payment of
salary and pensions with arrears;
(3) recall the order dtd 15-07-2015 (P-13) dismissing
the Cont. Cas(C) No.840/2013 in WP No.4639/2012 and
dtd 19-8-2016 (P-19) concerning execution, which has
been vitiated by the respondent contemptnors.
It is prayed accordingly."
5. Having regard to the nature of prayers made in this application and
taking into consideration that an earlier application filed by the
petitioner as noticed in the order dated 28.11.2016 that the petitioner
had filed an application for initiating criminal proceedings before a
Single Judge, vide C.M. No.15202/2015, was not entertained and the
fact that the matter has attained finality up to the Apex Court, we find
no ground to entertain this application.
6. The application is accordingly dismissed.
C.M. No.15145/2017
7. By the present application, the petitioner seeks discovery of
documents.
8. In view of the fact that the writ petition filed by the petitioner as also
two review petitions having been disposed of, this application at this
stage seeking discovery of documents is not maintainable and the
same is accordingly dismissed.
C.M. No.15144/2017
9. By the present application, the petitioner seeks the following prayers:-
"In view of the above facts the humble petitioner most
respectfully prays that, the court be pleased to
(1) declare the petitioner regularly promoted to STS
grade of ITS Grp.A wef 1-11-1981 and subsequent grades
in ITS Grp.A as per hierarchy and eligibility, if not
complied by respondents within a reasonably short period
which Lordships be pleased to fix.
(2) by pleased to direct the Controller of Telecom
accounts (Northern region, Prasad Nagar New Delhi) pay
lawful salary and allowance, and pension with arrears if
the respondents do not act within a stipulated period.
(3) Pay compensation/cost for compelling the petitioner
filing a number of cases even after finality by Supreme
Court on 8-4-1986 and on 26-4-2000.
OR,
LORDSHIP be pleased to pass enforcement order in the
manner considered fit and appropriate in interest of justice
and equity."
10. Taking into consideration that the writ petition and two review
petitions already stand disposed of, in our view, the application is
misconceived and is liable to be dismissed.
11. The application is accordingly dismissed.
12. We may notice that in W.P. (C) No.3227/2006 filed by the petitioner,
while dismissing the writ petition on 26.09.2013, the following order
was passed by a Single Judge of this Court:-
"7. The present writ petition is, therefore, dismissed
with costs of Rs.25,000/-. However, this costs of
Rs.25,000/- will not be payable today but will be paid as a
condition precedent for filing of any future litigation which
the petitioner may file with respect to any of the issues
which has already been decided whether by this Court or
by the Supreme Court or by the CAT or by today's
judgment."
13. Despite the aforesaid directions, we find, the petitioner continues to
file repeated applications. The Registry is directed to take note of the
directions contained in para 7 passed in W.P. (C) No.3227/2006 by the
learned Single Judge of this Court.
G. S. SISTANI, J.
I.S. MEHTA, J.
MAY 19, 2017/ka
