Court No. - 34
Case :- WRIT - A No. - 13184 of 2018 Petitioner :- Santosh Kumar Kushwaha Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Syed Mushfiq Ali Counsel for Respondent :- A.S.G.I.,Vivek Kumar Rai, Rajnish Kumar Rai
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. Heard Sri S.M. Ali, learned counsel for petitioner and Sri Rajnish Kumar Rai, Advocate for respondents.
2. Petitioner while challenging judgment of 06.03.2018 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter referred to as “Tribunal”) in Original Application No. 330/00213/2018 has stated that Respondent-3 has concealed material fact of his arrest in a criminal case registered at Police Station Murar, District Gwalior (Madhya Pradesh) under Section 306, 34 IPC being Case Crime No. 994 of 2005 wherein he was released on bail and this was the requirement under Clause 12(a) of application form.
3. However, when questioned as to in which paragraph he has stated that Respondent-3 was arrested and released on bail, learned counsel for petitioner could not place any such factual averment in entire writ petition. Thus it is evident that no such factual foundation has been made in entire writ petition and learned counsel for petitioner tried to mislead this Court by making false statement that Respondent-3 was arrested in a criminal case and thereafter released on bail. Hence it is evident that petitioner himself has not approached this Court with clean hands and Tribunal has not erred in law by rejecting petitioner's Original Application.
4. Writ petition is accordingly dismissed with cost of Rs. 5,000/-.
Order Date :- 30.5.2018 AK