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Pramod Narain Srivastava v. The Director, Poddar Institute Of Management, Jaipur And Others

Pramod Narain Srivastava v. The Director, Poddar Institute Of Management, Jaipur And Others

(High Court Of Rajasthan)

Civil Writ Petition No. 1037 of 1986 | 11-01-1988

1. Having heard learned counsel for the parties, we are convinced that no interference is called for. The petitioner has now admitted that during the relevant period he was serving at Udaipur in a Government undertaking Obviously, his attendance became short on that account.

2. It is unfortunate that the petitioner gave an affidavit to show that it was not correct. We would have thought of prosecuting the petitioner, but we feel that the affidavit given was out of over-enthusiasm for having the educational qualification, and has not harmed anyone because the respondents have shown that it was incorrect,

3. However, we would like to put a word of caution to the litigants particularly who come under Article 226 of the Constitution for obtaining equitable relief in the extraordinary jurisdiction by way of stay orders. It is well established principle that no tainted hands should be allowed to touch the pure fountains of justice and therefore, such writ petitions can be dismissed only on this ground and the deponent of such false affidavits can be prosecuted.

4. It is high time that the litigants who (would) give due seriousness to the affidavits and be accountable for the penal liability in case they are found to be deliberately false.

5. Consequently, the writ petition is dismissed without any order as to costs. The stay order is also vacated.

Advocate List
For Petitioner
  • Y.C. Sharma
For Respondent
  • ; G.S. Singhvi
Bench
  • HON'BLE JUSTICE G.M. LODHA, ACTING C.J.
  • HON'BLE JUSTICE I.S. ISRANI, J
Eq Citations
  • 1989 WLN UC 486
  • AIR 1990 RAJ 14
  • 1989 (1) RLW (RAJ) 51
  • LQ/RajHC/1988/16
Head Note

High Court Practice and Procedure — Stay — False affidavits filed to obtain stay — Dismissal of writ petition on this ground, and prosecution of deponent of such false affidavitsConstitution of India, Art. 226