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Madras High CourtWP/29013/2019dismissed

V.Chandrasekar v. Punjab National Bank

2020-01-09Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.29013 of 2019 V.Chandrasekar (a) V.C.Sivachandran Petitioner vs.

1. Punjab National Bank, General Manager, Human Resource Development, No.7, Bhikaji Cama Place, New Delhi - 110 066.

2. Punjab National Bank, Rep. by its Deputy General Manager, PF & Pension Fund Department, Head Office Rajendra Bhawan, Rajendran Place, New Delhi - 110 008.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 2nd respondent on 26.10.2015 in Ref Pension/61020/1614 and quash the same and consequently direct the 2nd respondent to intimate 2nd option for pension to the petitioner for the bank lapses for compassionate allowance pension and also for arrears of pension as he is eligible as per Bank circular requirement date on or before 27.11.2009. Arrears of pension will be paid from 27.11.2009.

For Petitioner : Mr.V.Chandrasekar (a) V.C.Sivachandran Party-in-Person For Respondents: Mr.R.Jayaprakash Mr.R.Muthukrishnan for R1 and R2

O R D E R

The petitioner who appeared party-in-person had already filed a writ petition before this Court in W.P.No.22700 of 2016 and sought for the same relief. This Court after hearing the https://hcservices.ecourts.gov.in/hcservices/

petitioner and also the counsel for the Bank had dismissed the writ petition by an order dated 24.10.2018. The present wit petition has been filed for the same relief by the petitioner who appeared party-in-person. Unfortunately, the petitioner has not revealed about the filing of the earlier writ petition in W.P.No.22700 of 2016. This was brought to the notice of this Court by the learned counsel for the respondent. 2.When this Court sought for explanation from the petitioner as to why he did not reveal the filing of the earlier writ petition and dismissal of the same, the petitioner gave evasive answers and he was trying to put the blame on the Advocate who was appearing for him during the earlier occasion. 3.This Court deprecates the attitude of the petitioner in not coming to the Court with clean hands by revealing all the facts.

It is unfortunate that the petitioner is putting the blame on the Advocate for the mistake committed by him and in fact the petitioner appeared as party-in-person even in the earlier writ petition. In view of concealing the filing of the earlier writ petition in W.P.No.22700 of 2016 and the dismissal of the same by an order dated 24.10.2018, this Court is of the considered view that the petitioner does not deserve any audience before this Court and this writ petition has to be dismissed purely on the ground that the petitioner did not approach this Court with clean hands.

4.Accordingly, this writ petition stands dismissed. No Costs.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar ssr +2 Ccs to Mr.V.Chandrasekar,P-in-P Advocate sr 2871 +1 CC to Mr.R.Jayaprakash, Advocate sr 3056.

W.P No.29013 of 2019 NMI(CO) SP(23/01/2020) https://hcservices.ecourts.gov.in/hcservices/