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| HC imposes Rs 10,000 cost on petitioner for suppressing facts | | | Early Times Reporter
Jammu | Nov 30
Acting Chief Justice Nisar Ahmed Kakru of J&K High Court in a landmark judgment has imposed cost of Rs 10,000 on the petitioner for deliberate suppression of material facts for getting interim direction in his favour.
According to the case that respondent No 5 Dr. Anil Gupta "B Grade" Specialist Ayurvedic, who was appointed on the higher post in the year 2003 on adhoc basis which is sought to be set at naught by the medium of writ petition..
Acting Chief Justice, after hearing Adv RK Jain appearing for the petitioner Dr. Deepika Sankhydhar, Dy. AG S Hakim appearing for the State and Medical Department and Adv FA Natnoo appearing for the PSC whereas Sr. Adv AV Gupta with Adv YE Tak appearing for the private respondent Dr. Anil Gupta, observed that a communication dated May 25, 2007 issued by the Secretary PSC makes it unambiguously clear that Dr. Anil Gupta stands cleared for promotion to the post " B-Grade" specialist and the factum of clearance has been within the knowledge of petitioner right from July 2007 as is discernable from the endorsement acknowledged in the receipt of objections, which has not been impugned as on date. Thus in absence of the challenge to the clearance by the PSC, this writ petition is otherwise also not maintainable apart from ineligibility and suppression of facts.
While imposing cost of Rs 10,000, Acting Chief Justice NA Kakru took serious note and observed that Court cannot be unmindful of the facts that the interim direction obtained by the petitioner by sheer suppression of facts virtually reverting Dr. Anil Gupta from a higher posting depriving him to function on the higher post, in spite of the fact that petitioner has no claim much less substantial one to advance, therefore need to impose cost Rs 10,000 which was accordingly imposed. The writ petition fails; which is dismissed along with connected CMPs. Interim direction, if any, to merge in this order, costs shall be deposited with the Registry for disbursement to respondent Dr. Anil Gupta. JNF |
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