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Nb Sub/skt Chandra Prakash Jc-314523h v. Union Of India & Anr

Nb Sub/skt Chandra Prakash Jc-314523h v. Union Of India & Anr

(High Court Of Delhi)

W.P.(C) 2659/2023 & CM. APPL. 10245-46/2023 | 02-03-2023

1. Vide the present petition, petitioner is seeking quashing of the posting order No.C/JC/TO/SKT/01/2022 dated 02.03.2022 hereby cancellation of posting of the petitioner from GE (West) Mathura to 20 Engineer regiment; directions to the respondents to defer the posting of petitioner from GE (West) Mathura to 20 Engineer Regiment till the completion of his tenure in Mathura posting and to maintain the status quo of the posting of petitioner till the pendency of the present writ petition.

2. Mr. Sanjay Kumar, learned Senior Panel Counsel for respondents, who is appearing on advance notice, submits that for the aforesaid relief(s) petitioner also preferred a Petition, i.e. Writ-A. No.1039/2023 before the High Court of Judicature at Allahabad, however, the same was dismissed. Learned Senior Panel Counsel further submits that since the aforesaid fact has not been disclosed by the petitioner in the present petition therefore heavy costs may be imposed upon the petitioner.

3. A perusal of the order dated 13.02.2023 passed in Writ - A- 1039/2023 shows that the said petition was preferred by the petitioner for the same relief(s) as is sought by him vide the present petition, which affirms that the petitioner has concealed the aforesaid fact in his petition. Though the act of petitioner is liable for imposing heavy costs upon him, however, in the interest of justice, we refrain from doing so.

4. In view of above, the present petition is dismissed.

5. Pending applications also stand dismissed.

Advocate List

  • Dr. J.R. Rana and Mr. Sunny Arora, Advocates

  • Mr. Sanjay Kumar, Sr. Panel Counsel with Mr. Keshav Sehgal, Mr. Kashish Bajaj, Mr. Shubham Agarwal, Mr. Shivam Gaur, Advocates and Major Partho Katyayan

Bench
  • HON'BLE MR. JUSTICE SURESH KUMAR KAIT
  • HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
Eq Citations
  • 2023/DHC/001639
  • LQ/DelHC/2023/1705
Head Note

A. Constitution of India — Arts. 136 and 226 — Abuse of process of law — Petition for relief(s) already sought in another petition — Held, petitioner has concealed aforesaid fact in his petition — Though act of petitioner is liable for imposing heavy costs upon him, however, in interest of justice, costs not imposed — Costs imposed in interest of justice B. Army — Posting — Petition for relief(s) already sought in another petition — Held, present petition dismissed