IMPORTANT POINTS
Court may refuse to exercise its equitable discretionary jurisdiction if the petitioner does not come with clean hands and suppresses material facts.
When a writ petition is dismissed for suppression of material fact and the petitioner files second writ petition disclosing the complete facts, the earlier order of dismissal will not operate as res judicata.

JUDGMENT

S.B. SINHA, J : —

Leave granted.

2. How far and to what extent suppression of fact by way of non-disclosure would affect a person’s right of access to justice is the question involved in this appeal which arises out of a judgment and order dated 23.07.2003 passed by the High Court of Delhi in LPA No. 68 of 2003.

3.With a view to advert to the said question, we may notice the admitted facts.

4.Indian Council for Child Welfare is a Society registered under the Societies Registration Act and is governed by its Memorandum of Association as well as Rules and Regulations framed thereunder. Appellant herein was an employee of the said Society which is a ‘State’ within the meaning of Article 12 of the Constitution of India. She was offered an appointment. Her services, however, were terminated allegedly without complying with the principles of natural justice despite the fact that she was confirmed in her service.

5.Appellant filed a suit in the District Court on 28.03.2001. An application was filed for grant of injunction. On or about 9.04.2001, only a notice to the defendant was issued but no order of ad-interim injunction was passed. She filed a writ petition before the Delhi High Court on 10.04.2001. Admittedly, in the said writ petition, the fact in regard to pendency of the said suit was not disclosed. However, before the writ petition came up for preliminary hearing, she filed an application for withdrawal of the suit on 12.04.2001. The said application allegedly could not be moved because of the strike resorted to by the lawyers. The writ petition came up for preliminary hearing on 18.04.2001. A notice was issued therein. Her application to withdraw the suit dated 12.04.2001 came up for consideration before the Civil Court and upon a statement made by her, the same was permitted to be withdrawn by an order dated 30.04.2001. The writ petition, however, was dismissed by a learned Single Judge of the Delhi High Court by an order dated 29.11.2002, opining :

“The petitioner has filed the present writ petition for issuance of a writ of mandamus for quashing the order dated 19th March, 2001 terminating the services of the petitioner. Notice was issued in the writ petition. In the counter affidavit filed by Respondent No. 3, it has been disclosed that the petitioner had filed a civil suit in the District Court on 28th March, 2001. A photocopy of the civil suit filed by petitioner for a declaration and permanent injunction is filed with the counter affidavit as Annexure R3/A. The prayer made in the suit is for a declaration that the order dated 19th March, 2001 is illegal, null and void. An application was also filed for the grant of an ex-parte ad interim injunction. It appears that no ex-parte ad interim injunction was granted to the petitioner. However, without disclosing all these facts, the present writ petition was filed on 10th April, 2001. There is not even a whisper in the writ petition about the civil suit. Learned Counsel for the petitioner does not dispute that such a civil suit was filed. It is stated in the rejoinder affidavit that a civil suit was subsequently withdrawn but the relevant orders have not been filed along with the rejoinder affidavit. In view of gross concealment of fact by the petitioner, it appears that the petitioner is doing nothing more than forum hunting. Having failed to obtain any injunction in the civil suit, the Petitioner has resorted to filing the present writ petition. In view of the conduct of the petitioner and a material concealment of fact, I am not inclined to entertain the writ petition. The same is, accordingly, dismissed.”

6.An intra-court appeal preferred thereagainst has been dismissed by the impugned judgment stating:

“–When the writ petition was filed, in the writ petition the factum of filing the suit and non-grant of ex-parte injunction was not mentioned, therefore, there appears to be concealment of facts.The ld. Single Judge rightly came to the conclusion that since the appe