In a stern judgment, the Supreme Court of India fined Pandurang Vithal Kevne ₹1 lakh for repeatedly abusing the judicial process over 11 years. Kevne, a dismissed employee of Bharat Sanchar Nigam Limited (BSNL), filed multiple petitions and review applications to challenge his removal, despite his claims being consistently rejected at all levels. The Court criticized his actions as an example of frivolous litigation that burdens the judicial system and delays justice for genuine litigants.
Background of the Case
Mr. Kevne, employed as an examiner with BSNL since 1977, was removed from service on July 14, 2000, following a departmental inquiry. The inquiry revealed that Kevne had a record of prolonged and unauthorized absences, with no prior permission or valid justification. Furthermore, a police investigation showed that he was running a private business under his wife’s name while drawing a salary from BSNL. His defense of illness was dismissed as insincere after a medical examination declared him fit to work.
Kevne’s statutory appeal against his dismissal was rejected, prompting him to raise an industrial dispute. The dispute was referred to the Central Government Industrial Tribunal (CGIT), which upheld his dismissal in 2006, noting his habitual misconduct and lack of interest in adhering to work norms.
Litigative Journey
Undeterred by the CGIT’s decision, Kevne approached the Bombay High Court in 2007 with a writ petition challenging the Tribunal’s findings. The High Court dismissed his petition in 2009, agreeing with the CGIT that his repeated absences and neglect of duties justified his removal. This marked the beginning of a protracted legal battle:
– 2010: Kevne filed a review petition before the Bombay High Court, which was dismissed as baseless. He also approached the Supreme Court through SLPs, which were similarly dismissed.
– 2015: He filed motions seeking to reopen his case by attempting to file a second review petition. These motions were dismissed by the High Court, citing procedural and legal prohibitions.
– 2021: Kevne relied on an administrative note by the Chief Justice of the Bombay High Court to file yet another review petition, coupled with an application for condonation of delay. The delay amounted to 11 years and two months (4088 days). The High Court rejected his plea, terming it “wholly misconceived.”
Supreme Court’s Observations
In the present Special Leave Petition (Civil Diary No. 56230 of 2024), Kevne challenged the Bombay High Court’s rejection of his second review petition. The Supreme Court, however, dismissed his appeal, unequivocally condemning his conduct.
The bench, comprising Justices J.K. Maheshwari and Rajesh Bindal, remarked:
“This Application is nothing but an unscrupulous idea and attempt to take advantage of the technical endorsement of the Hon’ble Chief Justice. Such litigation not only pollutes the stream of justice but also puts hurdles in its dispensation to others.”
The Court further observed that frivolous litigation wastes precious judicial resources, adding:
“The Indian judicial system is grossly afflicted with frivolous litigation. Ways and means need to be evolved to deter litigants from their compulsive obsession with senseless and ill-considered claims.”
Penalty Imposed
In addition to dismissing the petition, the Supreme Court imposed a fine of ₹1 lakh, to be deposited with the Maharashtra State Legal Services Authority within four weeks. Failure to comply would result in recovery proceedings under revenue laws.
