Srinagar- Observing that withholding material facts from the Court not only undermines the process of justice but also violates the principle of coming to the Court with clean hands, the High Court of J&K and Ladakh has imposed Rs 25000 costs on a former manager of SBI for suppressing facts before it.
The ex-Manager, Madan Lal Goria, had filed a petition seeking quashing of order dated 01 April 2014, passed by Chief General Manager, Appellate Authority, State Bank of India Chandigarh, whereby penalty of “Compulsory Retirement” in terms of Rule 67(h) of State Bank of India Officers Service Regulations (SBIOSR) has been imposed upon him. The 54-year-old Goria had also sought quashment of order dated 14 March 2018 passed by the Reviewing Authority, rejecting his review plea.
“….due to lack of the territorial jurisdiction and the petitioner’s (read Goria) failure to come to the Court without clean hands, this Court is not inclined to venture into the merits of the case,” a single-bench of Justice Wasim Sadiq Nargal said, adding, “After analyzing all the material facts on record, coupled with the stand of rival parties and arguments advanced, this Court is of the considered view that the instant petition is misconceived, false, frivolous and liable to be dismissed”
The Court while examining the record supplied by the SBI found that Goria had previously filed a petition before the High Court of Himachal Pradesh, Shimla, which was dismissed vide order dated 1 March 2013, “involving facts and circumstances that are strikingly similar to those in the present case”.
However, the Benach said, Goria has deliberately concealed “this crucial and material fact from this Court.”
“After earning dismissal, the petitioner has now again approached this Court through the medium of instant petition to avail the efficacious remedy on equitable grounds.”
The Bench said that the Apex Court has time and again addressed the issue of concealing material facts in petition, emphasising the importance of full disclosure of the material facts and the potential consequences of suppression.
“When a party suppresses material facts, it renders the proceedings a nullity. It is the duty of every litigant to disclose all material facts, as withholding material facts from the Court not only undermines the process of justice but is also a violation of the principle of coming to the Court with clean hands,” the Bench said.
The Apex Court has further observed that failure to disclose material facts could lead to the dismissal of the petition, even if it has merit otherwise, the Bench said.
“Thus the imposition of costs for concealment of material facts has been used as a remedy to deter such fraudulent practices.”
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