STATE OF U.P. Vs. OM PRAKASH CHAUDHARY

JUDGEMENT

(1.) This review application under Chapter IX Rule 14 of the Rules of the Court, 1952 has been filed by the State for review of the judgement and order dtd. 31/1/2023 passed by this Court in Writ-A No. 26634 of 2018.

(2.) The factual matrix of the case is:-

(3.) Learned counsel for the review-applicant submits that Writ-A No.26634 of 2018 has been filed by the respondent-petitioner, who had earlier filed Writ Petition No.6425 (SS) of 2007 challenging the same termination order dtd. 12/9/2007 and the consequential order dtd. 17/9/2007 before this Court, which was dismissed vide order dtd. 7/3/2011. Therefore, the relief claimed by the respondent-petitioner in Writ-A No.26634 of 2018 is the same, which was earlier refused by this Court in Writ Petition No.6425 (SS) of 2007. The respondent-petitioner has specifically stated in paragraph-1 of Writ-A No.26634 of 2018 that "this is the first writ petition filed by him before this Court for the same cause of action and no other writ petition is pending or disposed of", which is concealment of material fact because the respondent-petitioner had already filed Writ Petition No.6425 (SS) of 2007 for the same relief, which was refused by this Court. He further submits that the respondent-petitioner had played fraud before this Court by concealing the material fact because nowhere in the writ petition, it is indicated that he had earlier filed Writ Petition No.6425 (SS) of 2007, which was dismissed and the impugned termination order dtd. 12/9/2007 and the consequential order dtd. 17/9/2007 were not interfered with by this Court.