•^SS1^!^. ^ss^^^^?^^^^. ^ H16HCOURT OF CHHATTISGARH AT BILASPUR MCCNo,173of_20Q8 APPLICANT: Dr. Shiv Narayan Mishra, aged about 48 years, S/o Late Shri Pandit Jeewan Prasad Mishra, Trained Gracfuate 'eacher, DAV Public Schooi Vasant Vihar, SECL Bilaspur at prssent DAV. Pubiic Schooi, B10h1 Complex Kirandul, District South Bastar, Dantewada (CG) Versus RESPONDENTS: '.-^ Shri Gyan Prakash Chopra, President, DAV College, Managing Committee, Chitra Gupta Marg, New Deihi :^ 2. 3. Shri O.P. Arora, Regiona! Director, DAV Public Schoois, M.P./C.G. Zone, Hudco, Bhilai, District Durg (CG) Shri Dr. B. Asoka Kumar, Principa!, DAV Public School, Vasant Vihar, SECL, Bilaspur, District Bifaspur (CG) Genera! Manager, (in.person) South Eastern Coai Fieids Limited, Head Quarter, Bilaspur as the Chairman of Loca! Managing Commitfes, DAV Pubtic Schooi, Vasant Vihar SECL, Bilaspur(CG) 495CX36 '^~' ..-?L?. Aiio MCC No.56 i APPLICANT- Dr. Shiv Narayan Mishra, aged about 48 years, S/o Late Shri Pandit Jeewan Prasad IViisnra, Trained Graduate Teacher, DAV Pubite Schoo! Bishrampur, SECL, Distt. Surguja at present DAV Pubiic School, BiOiVI Kirandu! Complex, Kirandui, District Sastar, Dantewada (CG) Versus RESPONDENTS: 2. Shri O.P. Arora, Regionai Director, DAV Pubite Schools, M.P./C.G. Zones, Hudco, Bhilai, District Durg (CG) Shri S.N. Choudhury, At present As Director,Shri' Ramkrishna Vivekanand Mission Vidyapeeth, Kapitdhara, Bijuri, District Anuppur (M.P.) 3- 6. ^ ^ <^ s ^ y Shri Raj Shekhar Paiiwal, Principa!, DAV Pubiic Schoo!, Bishrampur SECL, District Surguja (CG) Shri Tilak Raj Samant, At present - As Director, Gurunanak EngSish Senior Secondary Schooi, Sector-6, Bhilai, Distrlct Durg (CG) Alka Sharma, At present The Principal, DAV Public School NMDC, Diamond Project Majhgawan, Panna (M.P.) Shri Sushil Kumar Rai, At present The Principa!, DAV Pubiic Schoo! Gevara Project, District Korba (CG) Shri Chitiaranjan Ghoshal, Principal DAV Public School, BiOM Kirandu! Complex, Kirandul, District South Sastar, Dantswada (CG) Shri AX. Singh, Generai Manager South Eastern Coa! Fie!ds Limited, Bishrampur Area, SECL, Bishrampur As the Chairman, Local Managing Committee DAV Public Schooi, Bishrampur SECL, District Surguja (CG) Shri Gyan Prakash Chopra, as the President, DAV College Managing Committee, Chitra Gupta Marg, New Delhi110005 Dr. 8. Asoka Kumar, Principai, DAV Pub!ic School Vasant Vlhar, SECL, H.Q. Bilaspur as ofRce-in-charge of W.P.4748/1997. Present: Petitioner in person. Shri Ashish Shrivasfava, counsel for respondents No.1 to 3 in MCC No.173/08 and for respondents No.1, 3,4, 5, 6, 7 and 10 m MCC No.56/09. Dr. N.K. Shuki'a, Sr. Advocate with Shri Shaiiendra Shukla Advocate for respondent No.8 in IViCC No.56/09. b/JsiorLBench: Hon^ble Shri Dhirendra Mishra Hon'bteShri R.N. Chandrakar. (4-3-2010) ^^ ^ '•*<"• 1 The aforesaid MCCs are being disposed of by this common order as the appiicant has prayed for similar reiiefs in both the appiications. 2. The appiicant has fiied these appfications and prayed for the Tollowing reliefs:- • Hence, it Is humbly prayed that in view of the above the appropriate direction may kindly be made to the proper iuthority to register a criminai case against the respondents for submitting wrong statements and false affidavits before this Hon'ble Co.urt !n the proceedings as mentioned above and appropriate action may kindiy be taken against the respondents in accordance with law. • That, the respondents may kindly be directed to extent all the monetary benefits and other consequential entitlements to the applicant (petitioner) whatsoever incompiiance ofthe order of this Hon'ble Court order dated 21.06.2007 In W.A. No.110/2007. • That any other relief which may be deemed fit be also be awarded to the appHcant calling for the entire records pertaining to the case of the applicant/petitioner. (Writ petltion No. W.P. No.4748/1997, W.P.4819/1996 and Writ Appeal No.110/2007) 3. From the documents filed by the respondents and not controverted by the appiicant, wefind thus:- (i) The appiicant's Writ Petition No.4819/96 was dismissed on 21stMarch,2007. (ii) Writ Appeal No.110/2007 against the above dismissai was disposed of on 21s' June, 2007 whereby DAV College Managing Committee (respondents No.1 to 3) were directed to issue forma! order of confirmation of appointment along with increments from the date he had passed B.Ed. examination i.e. 21-1-1997. f''^ o rb (iii) Writ Petition No.4748/1997 was dismissed on 11-7-2008 and Writ Appeal No.185/2008 against the above order was again dismissed on 28 August, 2008. (iv) Writ Petition No.3105/1997 was dismissed on 29-9-1997. 4 The grievance of the applicant is that in the aforesaid proceedings, DAV Coiiege Managing Committee hastaken contradictory and inconsistent stand flth respect to appointment/serviee condition of the ^ regarding completion of B. Ed. course by the appiicant. appllcant as also :^-? 5. Indisputably, the appiicant's writ petitions have been finally declded after considering pleadings of the respective partiesand material available on record. The orders passed by this Court from time to time based on material available on record have attained finality, as the applicant has not chaltenged the same before a superior forum. In these cireumstances, separate proceeding for the reiiefs claimed as stated above against the respondents by questioning pleadings of the respondents In disposed of petitions is an abuse of process of Court warranting appropriate action inciuding imposition ^- ofexemplary.cost. 6. Hov/ever, taking into consideration that the applicant is a school teacher and has been litigating since long, we dismiss these applications with a sound of caution to be careful in future. Sd/- ..^•^ -^.^ '."v?t '<»s Ban/e;—• ...,...1_S;:^^3g... Sd/- gnathCuaiKtrakar Judge '°^'~~y""'-