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CASE NO.: Writ Petition (crl.)  D8445 of 2004

PETITIONER: R.N. SHARMA

RESPONDENT: B.M GUPTA (EX. REGISTRAR J-I)AND ANR

DATE OF JUDGMENT: 30/03/2007

BENCH: K.G. BALAKRISHNAN & P.P. NAOLEKAR

JUDGMENT: JUDGMENT

O   R   D   E   R

CRMP NO. 10565 OF 2004  IN  WRIT PETITION (CRL.) D. NO. 8445 OF 2004

K.G. BALAKRISHNAN, CJI.

       The petitioner-in-person was an officer in the Air Force.   He was discharged from service on 8.10.1965.  He filed            a  Civil Writ Petition (No. 335/1970) before the High Court of  Delhi challenging his discharge from service.  The High Court  disposed  of the matter on 15.5.1995. Though the discharge  was held not valid, there was no order of reinstatement or  damages or any direction to pay arrears of salary or any such  pecuniary benefits.  The petitioner-in-person, it seems, filed a   Review Application before the High Court and the same was  dismissed on 14.10.1998.  He challenged  that order by filing  S.L.P. (C) No. 8728/1999,  which was dismissed by this Court  on 9.8.1999.  The petitioner-in-person moved the High Court  by filing another Application i.e. Application No. 13115 of 2000  for execution  of the decree dated 15.5.975,  which was also  dismissed by the High Court on 10.5.2001.  Aggrieved by the  same, the petitioner-in-person again filed S.L.P. (C) No. 1998  of 2002 and the same was dismissed by this Court on           12.7.2002. Having been unsuccessful in all these proceedings,  the petitioner again filed an Application on 23.7.2002 under  Order XVIII Rule 5 of Supreme Court Rules, 1966.  That  application was dismissed, as also the subsequent Review  Petition.  Petitioner-in-person again moved Contempt Petition  D. No. 4555/2003 arraying two of the Judges of this Court as  respondents and also the then Solicitor General of India. The  Registrar declined to entertain the Contempt Application and  aggrieved by the order of the  Registrar, the petitioner filed a  Criminal Writ Petition against the then Registrar (Judicial)  which was placed before the Chamber Judge. That Application  was  rejected on 11.4.2003. Thereafter, the petitioner filed a  Writ Petition (Crl.) D.No. 8445/2004 arraying one of the  Hon’ble Judges of this Court and also an Assistant Registrar of  this Court,  as respondents. The Registrar rejected the said  petition under Order XVIII, Rule 5 of the Supreme Court  Rules, 1966.  Petitioner challenges this order.

       We heard the petitioner-in-person. The petitioner has a  grievance that though his discharge from Air Force was held to   be not valid by the High Court, it did not order his

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reinstatement nor gave any pecuniary benefits to him.  Feeling  aggrieved by the same,  the petitioner-in-person had all along  been unsuccessfully pursuing these remedies.  However,  as  the SLP filed by the petitioner-in-person  against the order of  the High Court dated 15.5.1975 was dismissed,  all  subsequent proceedings initiated by him were nothing but an  exercise in futility.   

In our opinion,  the Registrar was justified in holding that  the petitioner-in-person has no cause of action to continue  these proceedings any longer.  No relief could be given to help  the petitioner-in-person in these proceedings in the absence of  any cause of action, notwithstanding the fact that he had  succeeded before the High Court.  The order passed by the  Registrar is affirmed and this application is disposed of  accordingly.