Petitioner challenged removal from service in 1986 and subsequent dismissal of representation in 2018. Court dismissed writ application citing inordinate delay of 33 years and laches, noting cause of action arose in 1986.
Writ application stands dismissed on account of inordinate delay and laches.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P(S) No. 155 of 2019
Pradeep Kumar …. …. Petitioner(s).
Versus
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
FOR THE PETITIONER(S) : Mr. Shailendra Kumar Tiwari, Advocate Mr. Raj Kr. Bhargava, Advocate FOR THE RESPONDENT(S) : SC V
04/07.03.2019
Heard the learned lawyer for the petitioner and the State.
In this writ application, petitioner has challenged the letter dated 29.10.2018 passed by the Deputy Commissioner, Hazaribag, whereby the representation of the petitioner was rejected. Further he has challenged the letter dated 31.01.1986 by which petitioner has been removed from service.
Father of the petitioner namely Rajendra Prasad was working as Assistant in the office of District Samaharnalaya, Hazariabag, He died in harness on 26.02.1984. Thereafter petitioner applied for appointment on compassionate ground and vide letter dated 18.10.1985 he was appointed. The said letter is at Annexure-1 to the writ application. The letter suggests that he was appointed on temporary basis till 31.01.1986. It has further been stipulated that petitioner has to appear in typing examination on 24.01.1986 and if it is found that petitioner has not passed the said examination, his services will be terminated. Thereafter on 31.01.1986 his services were terminated. The letter of termination is attached herewith as Annexure-3 to the writ application. He thereafter filed several representations and went on filing the same. Ultimately, the representation was considered and the same was dismissed on 29.10.2018. The reasons mention therein that the petitioner was removed from service on 31.01.1986 and he had filed representation at a much belated stage.
Vide letter dated 31.01.1986 the petitioner was removed from service. He never challenged the said order of removal before this Court prior to filing this writ application. Only in the year 2019, he has challenged the said order of dismissal dated 31.01.1986 taking a plea that his representation was disposed of only in the year 2018. This Court feels that when the petitioner was dismissed
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from service on 31.01.1986, he should have approached this Court immediately. He neither approached this Court nor preferred any appeal rather went on filing the representations. This writ application has been filed after 33 years of dismissal from service. Disposal of the representation cannot waive the inordinate delay which has already been caused. The cause of action arose way back on 31.01.1986. The petitioner slept over the dismissal order. Thus, I am not inclined to entertain this application on the ground of delay and latches.
Accordingly, the instant writ application stands dismissed.
(ANANDA SEN , J)
anjali/ C.P 2
1 issue framed by the court
Whether the writ application challenging removal from service after 33 years of delay, and dismissal of representation years later, should be entertained despite laches and inordinate delay.
Pradeep Kumar
State of Jharkhand
The Deputy Commissioner, Hazaribag
The Additional Collector, Hazaribag
The Executive Magistrate, Sadar
Ananda Sen
As recorded by the court registry
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