A person who does not come to court with clean hands is not entitled to the court's extraordinary powers under Article 226 of the Constitution.

1. - In this writ petition the petitioner has prayed that the transfer order dated December 29, 89 (Annexure-7) by which by petitioner has been transferred from Ajmer to Bhilwara be declared illegal, arbitrary and quashed & set aside.

2. It is submitted by the learned counsel that the petitioner was working as Health Educator-cum-Para Medical Assistant at Bhilwara and was transferred vide order dated August 11, 1989 (Annexure-1) from Bhilwara to Ajmer and respondent No. 4 was transferred vice-versa. In compliance of the above order, the petitioner submitted his joining report on the same day in the afternoon to the respondent No. 2 at Ajmer, which was however, not accepted and he was not allowed to mark the attendance as on the plea that there was no post of Health Educator-cum-Para Medical Assistant. It is alleged that respondent No. 3 is prejudiced with the petitioner and is in hands and gloves with respondent No. 4. This had become clear when the petitioner was transferred in May, 1989 from Ajmer. It is further given out that respondent No. 3 managed to get an injunction order issued from the Court of Munsiff and Judicial Magistrate, Ajmer on August 19, 1989 against the transfer order (Annexure-1) whereupon the petitioner moved an application to become a party in the said suit to inform the Court that he had already filed joining report on August 14, 1989. Thereafter the petitioner was forced to file SB Civil Writ Petition No. 3495/89 in this Court in which the respondent No. 4 moved an application to become party and was allowed to be a party to the said petition vide order dated September 13, 1989. Therefore, the petitioner withdrew his application to be made party in the Court of Munsiff Magistrate, Ajmer. The above said writ petition was disposed of as having become infructuous vide order dated September 13, 1989 since an order dated August 14, 1989 was issued under signature of Additional Director, Medical & Health Services in which it was directed that the petitioner be allowed to resume duty at Ajmer. A certified copy of the order passed in the previous writ petition mentioned above has been filed and marked as Annexure-4. However, respondent Nos. 2 and 3 on their own, suggested to respondent No. 1 that the petitioner should be transferred back to Bhilwara vide letter dated December 15, 1989 (Annexure-6 & 7) in which wrong facts were mentioned. Thereafter the petitioner has been again transferred from Ajmer to Bhilwara vide Annexure-7 mentioned above.

3. It is submitted by Shri Lokesh Sharma, learned Deputy Government Advocate that the petitioner in the earlier writ petition also did not come to Court with clean hands in as much as he did not inform this Court that the respondent No. 4 had already filed a suit for injunction and had also obtained a temporary injunction against the transfer order dated August 11, 1989 (Annex-1) by which the petitioner had been transferred from Bhilwara to Ajmer and respondent vice versa. It is pointed out that this fact is fully proved from the order passed by this Court on an application which was subsequently filed by the petitioner after his first writ petition was disposed of, praying that the said suit for injunction filed by respondent No. 4 pending in the Court of Munsiff Magistrate, Ajmer, be dismissed. In this order dated October 20, 1989 it was observed by this Court that a person who had suppressed material facts has now approached this Court with a prayer that the suit filed by Mr. S. P. Dixit should be ordered to be dismissed. Rather, I am of the opinion that the application of such a person should be dismissed by awarding cost of Rs. 100/- to Shri S.P. Dixit". It is further submitted by the learned Deputy Govt. Advocate that there was no post of Health Education-cum-Para Medical Assistant at Ajmer and the petitioner was inadvertantly shown as such in the earlier order dated August 11, 1989 (Annexure-11). It is further pointed out that in obedience to the order of