The petition challenging compulsory retirement and the rejection of a statutory appeal was dismissed as being hit by delay and laches. The petitioner had not pursued the appeal between 2010 and 2011 until owning up in 2017 via RTI.
The petition was dismissed on the ground of delay and laches.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~13
RAJ PAL ..... Petitioner
Through Mr. L. K. Singh and Mr. Raj Kumar, Advs.
versus
UNIVERSITY OF DELHI AND ORS ..... Respondents Through Mr. Amit Bansal and Ms. Seema Dolo, Advs. for R-1 Mr. Ankur Chhibber and Mr. Bhanu Gutpa, Advs. for R-2 and R-3
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT O R D E R % 10.12.2018
Vide the present petition, the petitioner has challenged the order dated 01.10.2010 whereby he was compulsorily retired from service and further seeks directions setting aside the decision of rejection of his Statutory Appeal dated 19.02.2011 and communicated to the petitioner on 05.05.2017.
It is not in dispute that pursuant to Departmental Enquiry punishment was imposed upon the petitioner by way of compulsory retirement on 1.10.2010 and thereafter, the petitioner filed the appeal on 18.10.2010. Thereafter, the petitioner had not pursued the same by approaching appropriate forum. However, in the year 2017 he woke up and through RTI he sought information regarding his statutory
appeal which was dismissed on 19.02.2011
In view of the above facts, petition is hit by delay and latches and the same is dismissed, accordingly.
SURESH KUMAR KAIT, J
DECEMBER 10, 2018 gb
1 issue framed by the court
Whether the petition challenging compulsory retirement and rejection of statutory appeal, filed in 2017 after initial decisions in 2010-2011, is maintainable in view of the lapse of time.
Raj Pal
University of Delhi
Suresh Kumar Kait
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
