The Karnataka High Court rejected a writ petition filed to quash an order stopping two annual increments. The bench held that the extraordinary delay since the original punishment in 2006, without any justification, vitiated the petition by laches.
The writ petition was rejected on grounds 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.
WP No. 17362 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR. JUSTICE G.NARENDAR
AND
THE HON'BLE MR. JUSTICE S RACHAIAH
WRIT PETITION NO. 17362 OF 2022 (S-KSAT)
BETWEEN:
Digitally signed by C HONNUR SAB Location: High Court of Karnataka
SRI. SRINIVASA SETTY, S/O G V RADAKRISHNA SETTY, AGED ABOUT 52 YEARS, OCC: W/A ARMED POLICE CONSTABLE, R/O: NO.173, DISTRICT ARMED RESERVE POLICE, KOLAR -563135.
…PETITIONER
(BY SRI. CHANDRAKANT POL AND SRI. VENUGOPAL M S., ADVOCATES)
AND:
…RESPONDENTS
(BY SRI. SHOWRI H.R, AGA.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY THE KSAT BENGALURU DATED 25.04.2016 IN A.No-2493/2009 VIDE ANNEXURE-A AND ALLOW THE A.No-2493/2009.
WP No. 17362 of 2022
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, G.NARENDAR J., MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and the learned Additional Government Advocate.
WP No. 17362 of 2022
delay and laches and is accordingly, rejected.
In view of disposal of the petition, I.A. 1/2022 for dispensation does not survive for consideration.
Sd/JUDGE
Sd/JUDGE
CHS
List No.: 1 Sl No.: 5
2 issues framed by the court
Whether a writ petition filed after a delay of six years is maintainable in view of laches and delay in approaching the High Court and the Administrative Tribunal.
Whether the writ petition impugning the punishment of stoppage of increments with cumulative effect is rejected on account of delay.
1 provisions across 1 enactments
Sri. Srinivasa Setty
Inspector General of Police Central Zone No.5
The Superintendent of Police, Kolar Dist.
G. Narendar
S. Rachaiyah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
