Patna High CourtCWJC/6306/2013dismissed

Manoj Kumar v. The Commissioner Navodaya Vidyalaya Samiti And ORS

2015-02-12Mr. Justice Vikash Jain,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6306 of 2013 ====================================================== Manoj Kumar, S/o Sri Mahendra Prasad Singh, Working Science Teacher of J.N.V. Chhindwara Residing at House No. 23, Road No. 8, Sri Krishna Nagar, P.S- Budha Colony, Distt- Patna (Bihar) .... .... Petitioner

Versus

1. The Commissioner, Navodaya Vidyalaya Samiti, B-15, Institutional Area, Sector- 62, Noida, U.P

2. The Superintendent of Police, Buxar.

3. The Dy. Commissioner, Navodaya Vidyalaya Samiti, Boring Road, Patna.

4. Sh. Akhil Kumar Shukla, S/o Sri Karuna Shankar Shukla, Commissioner Navodaya Vidyalaya Samiti, Boring Road, Patna.

5. Sh. Anjum Arshi, Principal, Jawahar Navodaya Vidyalaya, Nawanagar, Buxar.

6. Smt. Pratibha Choudhary, PGT (Bio), J.N.V. Buxar. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Manoj Kumar, Adv. For the Respondents : Mr. J.P Karn, Adv. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 12-02-2015 This writ petition is filed as a Public Interest Litigation with a prayer to direct the respondents 1 and 2 to enquire into the allegations made against the respondents 4 and 5. It is alleged that the respondents 4 and 5 have misappropriated the funds of the Government and, though several representations were made, no steps were taken. The petitioner further seeks a direction for initiation of disciplinary proceedings against the guilty persons. The writ petition was listed for hearing on 11.2.2015. Since there were no representation for the

Patna High Court CWJC No.6306 of 2013 (12) dt.12-02-2015 2/2 petitioner, it was directed to be listed today for dismissal. A request is made for adjournment. Learned counsel for the respondents placed before us a copy of the order dated 29.8.2014, passed by this Court in C.W.J.C. No.11465/13 which was also filed by the petitioner herein.

On perusal, we find that the petitioner is a habitual litigant and, it is stated that, he has filed about fifty cases by way of Public Interest Litigation or otherwise. The pattern is that he chooses one or the other employee and seeks directions against them. We deprecate the conduct of the petitioner. It is also warned that if the petitioner indulges in such conduct in future, this Court would consider feasibility of imposing heavy costs.

We, accordingly, dismiss the writ appeal.

Interlocutory application, if any, stands disposed of.

There shall be no order as to costs.

(L. Narasimha Reddy,CJ) (Vikash Jain, J) K.C.jha/- N.A.F.R.