Shimla: Himachal Pradesh High Court on Tuesday pulled up a petitioner for attempting to misuse the court’s jurisdiction and dismissed his petition, with costs of Rs 100,000. The petitioner had sought a direction to the state to extend his contract as District Child Protection Officer in Shimla. The case is a glaring example of misuse of process of law, a division bench comprising Chief Justice Mansoor Ahmad Mir and Justice Tarlok Singh Chauhan observed.
In a 31-page judgment, the court said the case demonstrated to what extent a disgruntled litigant could succeed in abusing the process of court and misusing the majesty of law to the total disadvantage and detriment to his opponent and the judicial system. Narrating the case, the court said petitioner Pratap Singh Verma was appointed on contract as District Child Protection Officer in Shimla for one year on February 17, 2014. His tenure was extended for six months from May 19, 2015.
He made representation for further extension but it was turned down by the state government. Feeling aggrieved, he initially moved the Himachal Pradesh State Administrative Tribunal, seeking extension of his term. Later, he sought relief from the high court too. “Without taking the original application to its logical end (in the tribunal), the petitioner has invoked the jurisdiction of this court for the same reliefs which is not legally permissible,” said the bench.
“The petitioner is enjoying the interim directions granted by this court on February 17, 2016, which he had obtained by misleading the court, concealing the material facts…needs to be dealt with sternly,” said the judges. Vacating the interim directions issued by the high court, the judges directed the petitioner to deposit the costs to the Himachal Pradesh High Court Bar Association Welfare fund.
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