3 IN THE H1GH COUR'l' OF CHHA'mSGARH : BILASPUR Wnt Petitipn (Sj No. 4355 of2008 Petitioner N. K. Sharma, S/o Late C. L. Sharma, aged about 43 years, Bleck Co-coordinator,(now repatriated to origaiai departineat) Rajiv Gaiidhi Shiksha Mission, Pa!i, District Korba (CG). The State of Chliattisgain, tittixiugh its Secretary, Tribal Weltare Departaient, Maatralay, D.K.S. Building, Raipur (CG). The CoUector-cuin-District Mission Director, Rajiv Gandlu Shiksha Missiou. Korba, District Korba (CG). The Conuiussioaer, Tribal Wetfare Departaient, Raipur (Chhattisgarh) The Mission Director, Rajiv Gandhi Shiksha Mission, Chhattisgarh, Raipur (CG). Shri O. P. Sharma, S/o Shri B.P.Shukla, aged about 51 years, U.D.T. Higher Secondai5r School Beharchuwan, Block Kartala, District Korba (CG). WRIT PE'1'mON UNDER ARTICLE 226 QF THE CONSTITUTION OF INDIA (SB: Hon'ble Shri Satish K. Agmhotri J.) Versus Respondents 1. 2. 3. 4. Sbri S. K. ThoiBas, Advocate for fhe petitioner. Sbri P. K. Bhaduri, Paael Lawyer for the respondents No. 1 to 3/State. 2. 0 R_D E_R (Passed on this 8th Day ofAugust, 2008) TJie petitioner, beiag aggrieved by the order dated 16.7.2008 (Aanexure P/ 1), whereby the deputation of the petitioner ia Rajeev Gandhi Shiksha Mission, Korba was caacelled and the petiuoner was directed to take posting order froin fhe Assistant Cominissioner, Tribal Wettare, Korba, lias ffled this petition. Learaed couiisel appearing tbr tbe petttioner subxaits that fhe issue was under cousideration belbre thls Court in fhe inatter of N. K. Shamm Vs. State of Chtiatisgarh & others, W,P. (S) No. 4729 of 2007. 'I'his Com-t ou 18.6.2008 (Amiexure P/7) A ^?^il"% -L atter haviug considered the subinissions uiade by the parties passed the following order ;- ° In view of th.e above subiuission of fhe respective parties, this petition is disposed ofwith a direction that th.e petitioner services inay be retumed to his original departxnent and it would be open to fhe coiapetent vf aufhority of the origiaal department to utilize tlie services of the petitioner at any place," The impugued order dated 16.7.2008 (Aimexure P/1) was passed ia coiapliaxice offhe order dated 18.6.2008 (Aiinexure P/7) passed by this Court in W.P. (Sj No. 4729 of 2007. The contention of fhe petitioner fhat the com.petent authority is Commissioner, Tribal Welfare, is fiivolous as the repatriation froia ftie parent department can be ordered only by fhe CoUector aad thereafter the posting is to be given by the com.petent authority, as is clear from. ttie order of this Court dated 18.6.2008 (Amiexure P/7), passed iu W. P. (S) No. 4729 of 2007, as evident that °it would be open to the coiupetent authority of fhe origin.al department to utUize the services of the petitioner at any place." Accordiagly, after haviag recaUed the seryices of the petitioner, the petitioner has been placed at fhe disposal of the Assistant Gommissioner, Tribal Welfare for postmg. This substautive petition, on liivolous ground, is luisconceived and inisplaced. This is a case of misuse of fhe judicial process and fhis practice has to be discouraged. Thus, this petition is disinissed at the cost, quaatified to be Rs. 3000/-, payable-withia a period oftwo weeks froia today to the High Court Legal Aid Coiiunittee. Thala.u- Sd/- SatishK. Agnihotn Judge