ABDUL HAFEEZ vs BOARD OF INTERMEDIATE AND SECONDARY EDUCATION AND Another
This appeal arose from the dismissal of a writ petition by the High Court, which had declined to exercise its discretionary jurisdiction because the petitioner had suppressed the material fact that he had already filed a civil suit regarding the same subject matter—his compulsory retirement from the Board of Secondary Education. The core legal question was whether the High Court correctly dismissed the writ petition in limine due to the petitioner's failure to disclose the pending civil litigation and his pursuit of an alternative remedy. The Supreme Court held that the petitioner had indeed suppressed a material fact in his writ petition. Consequently, the Court affirmed the High Court's decision, ruling that such suppression disentitles a petitioner from invoking the High Court's special discretionary jurisdiction. The key principle laid down is that a petitioner who fails to disclose the existence of parallel proceedings or the pursuit of alternative remedies in a writ petition is not entitled to relief under the High Court's discretionary writ jurisdiction, as such suppression constitutes a valid ground for dismissal in limine.
- Does the suppression of the fact that a civil suit has been filed regarding the same subject matter disentitle a petitioner from invoking the High Court's discretionary writ jurisdiction?
- Is a writ petition liable to be dismissed in limine if the petitioner fails to disclose that they have already availed of an alternative remedy?
ORDER
ASLAM RIAZ HUSSAIN, ACTG. C. J.-Leave was granted to the appellant in this case mainly to consider whether the High Court had not erred in dismissing his writ petition In limine, in view of the contentions raised before this Court at the bearing of the C.P.L.A.
2. The facts giving rise to the appeal, briefly, are that Abdul Hafeez was employed in the Board 'of Secondary Education. He was charge-sheeted on 31-8-1971 and was compulsorily retired on 7-1- 1972. He filed an appeal before the Board which was dismissed on 10-2-1972. He there filed a suit against his retirement on 11-5-1973 and shortly thereafter on 19-5-1973 also filed a writ petition challenging his compulsory retirement before the High Court. In the writ petition he made no mentions that he had also filed a suit in the Civil Court with regard to the same matter. The learned Judge in Chamber dismissed the writ petition with the following observation :- "Besides, the fact that the petitioner availed of an adequate remedy in the nature of a Civil Suit before coming to this Court would also disentitle him from invoking this special jurisdiction for obtaining the same relief. In view of the failure of the petitioner to disclose the fact that - he had filed the suit and having already availed of an alternative remedy, this writ petition is not competent and is dismissed in limine."
Feeling aggrieved by this order the appellant filed a petition before this Court and Leave was granted inter alia to consider the effect of withdrawal of the suit by the appellant before the petition was heard by the High Court.
3. We have beard the learned counsel for the appellant only on the question of the `suppression' of facts referred to in the impugned order because it was mainly on that account that the learned High Court Judge had dismissed his writ petition.
Having considered the matter we feel that the appellant had indeed suppressed a material fact in the writ petition and, therefore, he was rightly denied relief under its discretionary jurisdiction by the High Court. The appeal is, therefore, dismissed as having no merit.
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