This Single Bench dismissed a writ petition challenging a reinstatement order and minor punishment, holding that the petition suffered from inexcusable delay (laches) of over nine years since the petitioner had knowledge of the order.
Dismissal of the writ petition under Article 226 on the ground of laches.
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Court No. - 36
Case :- WRIT - A No. - 3509 of 2022
Petitioner :- Neetu Pathak Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ghanshyam Das Mishra,Umesh Panday Counsel for Respondent :- C.S.C.,Arun Kumar,Pranesh Dutt Tripathi
Hon'ble Rajiv Joshi,J.
Heard Dr. G.S.D. Mishra, learned Counsel for the petitioner, learned Standing Counsel for respondent no.1, Shri Arun Kumar, learned Counsel for respondent nos.2 & 3 and Shri P.D. Tripathi, learned Counsel for the respondent no.4.
The instant writ petition under Article 226 of the Constitution of India has been filed for quashing the impugned order dated 24.09.2012 passed by the respondent no.3, District Basic Shiksha Adhikari, Allahabad (Prayagraj) whereby the petitioner was reinstated and minor punishment of withholding three increments has been awarded.
Further prayer has also been made to release the salary, which has been withheld for the period 03.07.2010 till her joining during which she remain absent without any leave.
As per report of stamp reporter the writ petition suffers from laches by 3352 days and the laches has not been explained.
In the joining letter dated 26.09.2012, which is in hand writing of the petitioner, reveals that the petitioner has got the knowledge of order dated 24.09.2012. Copy of the said letter has been appended at page 27 of the writ petition and as such the claim of the petitioner that the order has not been served is totally misconceived.
The Writ Petition lacks merit and is, accordingly, dismissed on the ground of laches.
Order Date :- 8.4.2022 S.P.
Digitally signed by SANJAY PURI Date: 2022.04.12 15:46:26 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ petition satisfies the limitation requirement or suffers from laches.
1 provisions across 1 enactments
Neetu Pathak
State Of U.P.
District Basic Shiksha Adhikari, Allahabad
Rajiv Joshi
As recorded by the court registry
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