JUDGMENT M Srinivasan, C. J.—The petitioner has combined two causes of action in this writ petition. One relates to his disability pension, which was rejected by the authorities in 1982 and the appeal to the Government was also rejected in 1984. He is now making a claim in this writ petition that the order rejecting the disability pension, Annexure PI, should be quashed, Though there is an appellate order, yet he has not chosen to challenge that order for claiming the relief. As such, this writ petition suffers from suppression of relevant facts, inasmuch as he has made a reference to inter-department communication in August 1982 with regard to sending of document from one department to another department and annexed it as Annexure PJ. We have seen that the appellate order is not Annexure PJ but instead it has been produced by the respondents as Annexure RD dated 16-9-19J84. Hence, the petition suffers from sup-pressio veri and the petitioner is not entitled to get any relief on that ground. 2. Learned Counsel for the petitioner has referred to number of judgments of this Court as well as Punjab and Haryana High Court which hold that inspite of delay and laches, jurisdiction under Article 226 of the Constitution of India can be exercised by the High Court. It may be so, but we refuse to exercise our jurisdiction under Article 226 of the Constitution of India in view of the fact that the claim has become stale and also in view of the fact that the petitioner has not chosen to place all the relevant facts before this Court in this writ petition. 3. The other claim made by the petitioner is against the order of the authorities seeking recovery of excess dearness allowance paid to the petitioner. He has suppressed the fact that he has been re-employed in Punjab National Bank, and dearness allowance is payable to him for that the petitioner as prayed for by him, as it will amount to granting of decree in advance and also satisfying the decree before judgment is rendered. Such a course cannot be adopted by any Court, In the circumstances, the amount which is deposited to the credit of this proceeding shall be transferred to the Court of Chief Judicial Magistrate, Shimla to be kept in deposit to the credit of the proceedings pending before him as referred in our order.
Such a course cannot be adopted by any Court, In the circumstances, the amount which is deposited to the credit of this proceeding shall be transferred to the Court of Chief Judicial Magistrate, Shimla to be kept in deposit to the credit of the proceedings pending before him as referred in our order. The Chief Judicial Magistrate shall pass appropriate directions with regard to disbursement of the amount after the main proceedings pending before him is concluded. It is open to the Chief Judicial Magistrate to exercise powers under section 357, Cr. P. C. if he finds that the facts of the case and the conclusion thereon warrant the same. The C. M, P. is disposed of. Copy Dasti. Writ petition dismissed.