Ramesh Kushwaha v. Gwalior Sahakari Dugdh Sangh Maryadit
2011-09-06
SUJOY PAUL
body2011
DigiLaw.ai
JUDGMENT : Sujoy Paul, J.:- Necessary facts for adjudication of this matter are in narrow compass. The petitioner preferred an application dated 15.10.2004 seeking voluntary retirement under Rural Sewa Mukti Yojana introduced by the employer. The said application of the petitioner was accepted by the employer vide Annexure P/1 dated 30.10.2004. This acceptance order is under challenge in the present writ petition. This is settled in law that one has to approach the Court with clean hands, clean mind, clean heart and with clean object. In absence thereof, this Court is not obliged to exercise its extra-ordinary jurisdiction under Article 226 of the Constitution. The Apex Court in its recent judgment reported in (2010) 11 SCC 557 (Manohar Lal (Dead) by LRs Vs. Ugrasen (Dead) by LRs) held as under:- "When a person approaches court of equity in exercise of its extraordinary jurisdiction under Articles 226/227 of the Constitution, he should approach the court not only with clean hands but also with clean mind, clean heart and clean objective. "Equally, the judicial process should never become an instrument of oppression or abuse or a means in the process of the court to subvert justice. "Who seeks equity must do equity. The legal maxim "Jure naturae aequum est neminem cum alterius detrimento et injuria fieri locupletiorem' means that it is a law of nature that one should not be enriched by the loss or injury to another;" In the opinion of this Court because of conduct of the petitioner of suppression of facts, no relief is due to him as laid down by the Supreme Court in the case of (2008) 12 SCC 481 (K.D. Sharma Vs. Steel Authority of India Limited and Others) In the result petition is dismissed. The petitioner shall pay a cost of Rs.10,000/- (Ten Thousand), which shall be deposited in the Office of High Court Legal Services Committee within 30 days from the date of the receipt of certified copy of this order.