The Rajasthan High Court in the case Ranveer Kumar &Ors. v. The Rajasthan State Road Transport Corporation & Ors observed and has imposed the amount of 50,000 each on three employees of Rajasthan State Road Transport Corporation, RSRTC wherein it obtained an interim order by suppressing the filing of the previous petition for the same relief.
The bench headed by Justice Vinit Kumar Mathur in the case observed and has stated that the non-disclosure of filing earlier writ petition being nothing but the suspension of material fact by the petitioners.
The court in the case stated that the interim order which is obtained by the petitioner in this writ petition is based on misstatement of fact and suppression of material facts. Further, the court stated that the present matter is required to be to be viewed very seriously as the same amounts to abuse of process of law.
The bench of Justice Mathur in the case stated that it being the settled in law that the relief under Article 226 of the Constitution is discretionary and a petitioner who approached the said court for such relief must come with clean hands and if the petitioner fails to do so and suppresses material facts, his petition is liable to be dismissed.
In the present case, the writ petition was moved by three RSRTC employees wherein seeking the withdrawal of the decision to enter their names for deputing them to perform the duties of a driver and requesting permission to serve as conductors in Rajasthan State Road Transport Corporation, RSRTC.
It ahs also been submitted by the counsel appearing for the respondent that on the earlier occasion for the same relief. Thus, the present petitioners had approached the court by way of filing a writ petition. Further, it has been submitted by him before the court that the petition was dismissed by the court in July 2022, and an appeal against it is pending till now.
It ahs also been argued by the counsel before the court that the petitioner without disclosing the fact of a similar writ petition having been filed by him, obtained the interim order from the court. The court while considering the facts and circumstances of the case stated that the said court has no hesitation to come to the conclusion that the petitioners have approached this Court by way of filing the present writ petition for the same relief for which have ear approached this Court by way of filing writ petition and the same having been dismissed vide order dated July 22, 2022.
The court also observed that the fact of filing the earlier writ petition has not been disclosed in the present writ petition. Accordingly, the court observed and has imposed an amount of Rs.50,000 on the petitioners and stated that if the said cost is not deposited by the petitioners within a period of two months from the date of the said order then the respondents will be at liberty to recover the same from the petitioners and deposit in the Legal Aid Services Authority, Rajasthan High Court Campus, Jodhpur. The counsel, Advocate R.R. Ankiya appeared for the petitioner. The counsel, Advocate Suniel Purohit represented the
respondent.
