2006 (12) TMI 566 - HC - Indian Laws

Summary

Issues Involved:
1. Fraud and its impact on judicial orders.
2. Concealment of employment details by the petitioner.
3. Legal consequences of fraud and concealment in judicial proceedings.
4. Exercise of inherent power by the court to recall orders.

Summary:

1. Fraud and its impact on judicial orders:

Fraud and justice never dwell together (fraus et jus nunquam cohabitant) and fraud and deceit defend or excuse no man (fraus et doles nemini patrocinar cinari debent) are two doctrines which are applied by the Courts to recall earlier orders/judgments. Since fraud strikes at the very root of an Order/judgment and effects solemnity, and the Rule of Law, Courts have exercised their inherent power whenever it is brought to their notice that fraud has been practiced.

2. Concealment of employment details by the petitioner:

The petitioner/non-applicant had taken employment with RITES after being relieved and paid under the Voluntary Retirement Scheme. This fact came to the knowledge of the respondent-applicant only when a letter dated 19/23rd May, 2006 was received from RITES. In the reply filed by the petitioner/non-applicant, it is admitted that he had worked with RITES after being relieved. It is also admitted that this fact was not informed to this Court. However, it is denied that the petitioner/non-applicant had obtuse motive and was guilty of concealment of facts.

3. Legal consequences of fraud and concealment in judicial proceedings:

From the documents placed on record and admitted before this Court, the petitioner/non-applicant had during the period 16.6.1995 - 15.12.1998 and thereafter from 8.3.1999 - 8.9.1999 had worked in RITES. It is certain that if these facts were brought to the notice of the Court before the judgment dated 7th October, 2005 was passed or even thereafter, the direction to pay the arrears of salary and allowances for the entire period after 23rd September, 1993 till superannuation would have been modified. The petitioner/non-applicant was fully conscious of the relief he had prayed for and claimed and the order that the Court was likely to pass if he succeeds. It was pre-meditated and intentional contrivance to keep the Court and the respondent-applicant in ignorance of the real facts to procure judgment/order for payment of arrears for the entire period.

4. Exercise of inherent power by the court to recall orders:

We have exercised our power and inherent right with a Court to recall an order and not merely exercised right to review an order/judgment under Order XLVII of the Code of Civil Procedure, 1908. Order XLVII of the Code of Civil Procedure, 1908 applies when new and important evidence/facts come to the knowledge/notice of one of the parties, which were not known earlier. In the facts and circumstances of the case, we allow the application and recall our order/judgment dated 7th October, 2005. Writ Petition filed by the petitioner/non-applicant will be treated as dismissed.