GIANI DEVENDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE special leave petitions are directed against the judgment and order dated 8.12.1993 passed by a Division Bench of the High Court of Madhya Pradesh (Indore Bench) in Miscellaneous Petition No. 63 of 1993. The Division Bench by the said order dismissed the petition of the petitioner made before the Madhya Pradesh High Court (Indore Bench) inter alia contending that the respondents failed to comply with the direction contained in the order dated 27.2.1992 passed in Miscellaneous Petition No. 266 of 1992 by a Division Bench of the Indore Bench of the Madhya Pradesh High Court. As the direction dated 27.2.1992 was passed by a Division Bench of the Madhya Pradesh High Court consisting of the Chief justice of the said High Court and Mr. Justice V.S. Kokje, a Single Bench of the Madhya Pradesh High Court before whom the petition alleging non -compliance of the direction of the High Court was placed for disposal, directed to place the matter before Hon'ble the Chief Justice at Jabalpur so that the Chief Justice would constitute an appropriate Bench for the disposal of the said application. The learned Single Judge, namely, Mr. Justice V.S. Kokje called for the records of the cases mentioned in the application of the petitioner from the Court of the learned Sessions Judge, Mandsaur. It was directed that the learned Sessions Judge, Mandsaur, should transmit the records of the cases filed by the petitioner in various Courts under the judgeship of the learned Sessions Judge to the High Court. The said application was numbered before the Division Bench of the Madhya Pradesh High Court as Miscellaneous Petition No. 63 of 1993 and as aforesaid by the impugned order the said miscellaneous petition was dismissed by the Division Bench consisting of Mr. Justice V.S. Kokje and Mr. Justice R.D. Shukla. It may be stated here that one of the members of the Division Bench, namely, the then Chief Justice of Madhya Pradesh High Court which disposed of Miscellaneous Petition No. 266 of 1992 on 27.2.1992 retired when the said Miscellaneous Petition No. 63 of 1993 was taken up for hearing by the Division Bench constituted for the purpose.

(2.) IT appears from the order dated 27.2.1992 passed by the Division Bench consisting of the then Chief Justice of Madhya Pradesh High Court, Justice S.K. Jha and Justice V.S. Kokje in Miscellaneous Petition No. 266 of 1992 that a public interest litigation was filed by the petitioner and he was heard in person. The Division Bench in the order dated 27.2.1992 has noted to the following effect:

(3.) IN disposing of the said petition alleging non -compliance of the aforesaid direction dated 27.2.1992 passed by the Division Bench of the Madhya Pradesh High Court in Miscellaneous Petition No. 266 of 1992, it has been held in the impugned order dated 8.12.1993 that the petitioner has given some instances which according to the petitioner were not followed though the notice of the officer concerned and also of the judicial officers were brought to the said facts. The Division Bench has held that the direction contained in the order dated 27.2.1992 was of a general nature, and in view of the general allegations against all concerned made by the petitioner, no relief can be given to the petitioner and the petition deserves to be dismissed.