Jagdish Prasad v. State of U.P. and 2 Others
Case brief
What is this about?
dismissed writ petition seeking mandamus to decide a long-pending internal appeal against punishment due to unexplained delay of over 20 years and laches, relying on settled Supreme Court precedent regarding indolent litigants.
What the court decided
Court No. - 16 Case :- WRIT - A No. - 21302 of 2018 Petitioner :- Jagdish Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lavkush Kumar Shukla Counsel for Respondent :- C.S.C.,Adarsh Bhushan
Hon'ble Ajay Bhanot,J.
Heard Sri Lavkush Kumar Shukla, learned counsel for the petitioner and Sri Adarsh Bhushan, learned counsel for the respondents.
Petitioner has sought following relief in the instant writ petition:-
" To issue a writ order or direction in the nature of mandamus directing the respondent no. 2 to decide the appeal dated 18.01.1997 which has been sent in pursuance of Regional Manager letter dated 30.10.2017 on 11.11.2017 (Annexure No. 5 to the writ petition)."
The petitioner was working as a Conductor in the respondent Corporation. The petitioner was visited by a punishment, in the nature of stoppage of two annual increments for three years. Punishment to the petitioner was handed down by order dated 21.12.1996. The petitioner claims that he filed an appeal against the order of punishment on 18.01.1997.
The submission of learned counsel for the petitioner is that the appeal filed by the petitioner on 18.01.1997 has not been decided till date.
Per contra, Sri Adarsh Bhushan, learned counsel for the respondents submits that the petition is barred by delay and laches.
Issues for consideration
3 issues framed by the court
Whether the writ court can entertain a petition seeking issuance of a mandamus for deciding a decades-old appeal filed by an employee against a punishment order.
Whether the petitioner's delay of over 20 years without satisfactory explanation disentitles him to the relief sought under Article 226 of the Constitution.
Whether filing a representation after a long delay can create a fresh cause of action to bypass the bar of laches and delay.
Parties & counsel
- petitioner
Jagdish Prasad
- respondent
State Of U.P.
- respondent
2 Others
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- WRIA/21302/2018
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