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Santosh Versus Financial Commissioner and Secretary to Govt. of Haryana and others

2015 (12) TMI 1191 - PUNJAB AND HARYANA HIGH COURT

Posting of service outside Home District - Challenge to Appellant's transfer from CHC Juan, Sonepat to CHC Taraori, Karnal - for a period of about 29 years, the petitioner has remained posted outside her Home District and was never posted in her Home District i.e. Sonepat - Held that:- Since 06.07.2011 till 17.03.2015, the petitioner has been serving at CHC Juan, Sonepat (on deputation). This fact was admitted by learned counsel appearing for the petitioner. - law is settled that any person, who .....

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e petitioner, who is serving the State of Haryana as Auxiliary Nurse Mid-wife (ANM), seeks to challenge her transfer from CHC Juan, Sonepat to CHC Taraori, Karnal. One of the main grounds pleaded in the petition are that from April 1986 to March 2015 i.e. for a period of about 29 years, the petitioner has remained posted outside her Home District and was never posted in her Home District i.e. Sonepat. The relevant extract from paragraph 4 of the petition is reproduced below :- 4. That as already .....

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erving at CHC Juan, Sonepat (on deputation). This fact was admitted by learned counsel appearing for the petitioner. From the aforementioned fact, it is clear that the petitioner has not come to this Court with clean hands and as per settled law by the Apex Court, as also by this Court, she has disentitled herself for relief. This view of mine finds support from a Division Bench judgment of this Court in the case of Pawan Kumar vs. State of Haryana and another - 1994 (5) SLR 73, wherein it has b .....

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care and attention and he will not be heard to say that facts were not within his knowledge although the same could have come to his knowledge had he taken due care and had made efforts to find them out. The High Court will be fully justified in declining exercise of extraordinary jurisdiction in favour of a party who is guilty of suppression veri and suggestio falsi or who makes an attempt to mislead the Court. 14. In this case, the petitioner has made a deceitful attempt to mislead the Court .....

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not, in the least, orderly in the House, They also suppressed the fact that after the introduction of the budget the opposition walked out and took no part in the proceedings of the House in regard to the acceptance of budget estimates, money grants and the passage of the appropriation bill He referred to this observation of Viscount Reading C. J., in Rex v. Kensington Income Tax Commissioners, (1917) 1 KB 486, at page 495. "Where an ex parte application has been made to this Court for a r .....

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e mind of the Court that it has been deceived." On this consideration also the petitioners are not entitled to the exercise of the discretion of this Court in their favour so far as Article 226 of the Constitution is concerned. 21. In consequence, this petition of the petitioners is dismissed with costs, counsel's fee being ₹ 500/-. To the same effect is another Full Bench judgment of this Court in the case of Chiranji Lal and others vs. Financial Commissioner Haryana and others - .....

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these facts were candidly disclosed at that stage as the writ petitioners were bound to do, then the Court would have stayed its hands altogether or in any case would have been very reluctant and chary to grant any interim relief. This is not all. In the writ petition it was further averred that no other remedy was available to the petitioners. This has to be viewed in the context of the fact that meanwhile the writ petitioners had then filed an appeal against the order of the learned Subordina .....

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way of appeal before the Additional District Judge, Kamal and ultimately he dismissed the same on merits after considering all the arguments raised on behalf of the appellants (writ petitioners) on August 17, 1976. Nevertheless, this fact was also not remotely sought to be brought to the notice of this Court at any stage on behalf of the writ petitioners. 10. In the aforesaid context, we cannot but hold that there has been mala fide and calculated suppression of material facts which, if disclose .....

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Tax officer, (1950)52 P.L.R. 267, has held that if there is any supression of the material facts on the basis of which the writ is sought to be claimed the Court would refuse to grant the same without going into the merits. This judgment was then followed by another Division Bench in Narain Das v. The State of Punjab, (1952)54 P.L.R. 366, Tek Chand, J., in Shrimati Bhupinderpal Kaur v. The Financial Commissioner (Revenue) Punjab, (1968)70 P.L.R. 169, took even a stricter view in holding that the .....

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he writ petitioners, in the present case, have by their own conduct disentitled themselves to the relief which they sought to claim. We dismiss the writ petition with costs on this ground alone without adverting to merits. On this issue, the Apex Court, in Kishore Samrite vs. State of U.P. and others - 2013 (2) SCC 398, has held as under :- 33. The party not approaching the Court with clean hands would be liable to be non-suited and such party, who has also succeeded in polluting the stream of j .....

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inaccurate statement, if filed, to achieve an ulterior purpose amounts to abuse of the process of the court. A litigant is bound to make full and true disclosure of facts ... [Emphasis supplied] On a similar issue, the Apex Court in Dalip Singh vs. State of Uttar Pradesh and others - 2010 (2) SCC 114 has observed as follows :- 6. In Prestige Lights Ltd. V. State Bank of India (2007) 8 SCC 449, it was held that in exercising power under Article 226 of the Constitution of India the High Court is .....

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