Dismissed¶23

Union of India v. Suresh Chandra Sethi

Orissa HC30 Jan 2024WP(C)/1291/2024

Case brief

AI extract

What is this about?

Delay and laches; belated writ petition against CAT/Central Administrative Tribunal order; limitation for challenging tribunal decisions; reinstatement with all service and financial benefits after acquittal in criminal case (SDJM Bhanjanagar, 27.11.2014); quashing of departmental punishment orders dated 25.02.2015 and 05/06.04.2016; inquiry report on no evidence; O.A. No. 876 of 2016; W.P.(C) No. 1291 of 2024; High Court of Orissa; State of Odisha v. Surama Manjari Das; S.L.P.(C) Diary No. 9259 of 2023; B. Moharana CGC; Suresh Chandra Sethi.

What did the court decide?

The Court is not satisfied with the reason given in paragraph-9 of the writ petition; the impugned order having been passed on 25.08.2022 and the writ petition filed on 22.01.2024, i.e., after a lapse of more than one year, the writ petition suffers from delay and laches.

Union of India Vs Suresh Chandra Sethi — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the writ petition assailing the tribunal order dated 25.08.2022, filed on 22.01.2024 after a lapse of more than one year, is maintainable notwithstanding the explanation of delay offered in paragraph-9 of the writ petition.

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Court's answer

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Ratio / Principle

The Court is not inclined to entertain the writ petition at this belated stage, following its own judgment/order in State of Odisha v. Surama Manjari Das (W.P.(C) No. 15763 of 2021, dismissed on 16.07.2021), which was confirmed by the apex Court vide order dated 05.04.2023 in S.L.P.(C) Diary No. 9259 of 2023.

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Key takeaways

The writ petition merits no consideration and is hereby dismissed.ratio¶23

Detailed headnote1 paragraphs

High Court of Orissa (Acting Chief Justice Dr. B.R. Sarangi and Justice Murahari Sri Raman) dismissed W.P.(C) No. 1291 of 2024 filed by the Union of India challenging the Central Administrative Tribunal's order dated 25.08.2022 in O.A. No. 876 of 2016, by which the tribunal, finding the Inquiry Officer's inquiry report rested on no evidence, quashed the punishment orders dated 25.02.2015 and 05/06.04.2016 and directed the applicant to rejoin duty w.e.f. 27.11.2014 (date of acquittal by the SDJM, Bhanjanagar) with all service and financial benefits. The Court found the writ petition, filed on 22.01.2024 after more than one year, suffered from delay and laches, was unconvinced by the paragraph-9 explanation (official procedure), and, placing reliance on State of Odisha v. Surama Manjari Das (W.P.(C) No. 15763 of 2021, dismissed 16.07.2021, confirmed by the apex Court vide order dated 05.04.2023 in S.L.P.(C) Diary No. 9259 of 2023), declined to entertain the petition and dismissed it.

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 1291 of 2024

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Union of India and others

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….. Petitioners

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Mr. B. Moharana, CGC

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Vs.

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Suresh Chandra Sethi and another

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….. Opposite Parties

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CORAM:

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ACTING CHIEF JUSTICE DR. B.R. SARANGI

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MR. JUSTICE MURAHARI SRI RAMAN

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ORDER

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30.01.2024

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Order No. This matter is taken up by hybrid mode. 01.

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Heard Mr. B. Moharana, learned Central Government

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Counsel for the petitioners.

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The Union of India and its functionaries have filed this writ petition assailing the order dated 25.08.2022 passed in O.A. No. 876 of 2016 under Annexure-1, by which the Central Administrative Tribunal held that the Inquiry Officer based his inquiry report on no evidence and, therefore, the order of punishment dated 25.02.2015 and 05/06.04.2016 is bad in law, and by holding so, the tribunal quashed the same. Consequentially, the tribunal directed the petitioners to allow the applicant to join in his duty w.e.f. 27.11.2014, the date when he was acquitted by the court of Sub-Divisional Judicial Magistrate, Bhanjanagar in criminal case with all service and financial benefits and accordingly allowed the Original Application.

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Mr. B. Moharana, learned Central Government Counsel for the petitioners argued with vehemence. But, when this Court made a query as to when the order was passed by the tribunal, it is stated that the same was passed on 25.08.2022. Further, when this Court made query as to when this writ petition was filed, it is stated that

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Page 1 of 2

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the same was filed on 22.01.2024. When this Court made further query as to why such delay has been caused, Mr. B. Moharana, learned Central Government Counsel for the petitioners placed reliance on the averments made in paragraph-9 of the writ petition, which reads as under:-

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“9. That the petitioners humbly states that there is some delay in filing the present writ application challenging the order of the learned Tribunal, the same is no willful latches or negligence on their part but due to official procedure there has been a delay in filing the writ petition. The same may kindly be ignored by this Hon’ble Court in the interest of justice.”

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This Court is not satisfied with the reason, which has been given in paragraph-9 of the writ petition. As such, the order impugned was passed 25.08.2022 and the writ petition was filed on 22.01.2024, i.e., after lapse of more than one year. Therefore, the writ petition suffers from delay and laches.

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In that view of the matter, this Court is not inclined to entertain this writ petition at this belated stage, as the writ petition suffers from delay and laches, in view of the judgment/order of this Court in the case of State of Odisha v. Surama Manjari Das (W.P.(C) No. 15763 of 2021 dismissed on 16.07.2021), which has been confirmed by the apex Court, vide order dated 05.04.2023 passed in S.L.P.(C) Diary No. 9259 of 2023.

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7 Accordingly, the writ petition merits no consideration and the same is hereby dismissed.

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(DR. B.R. SARANGI) ACTING CHIEF JUSTICE

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Signature Not Verified Ashok

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Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Secretary Reason: Authentication Location: HIGH COURT OF ORISSA Date: 31-Jan-2024 11:23:42

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(M.S. RAMAN) JUDGE

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Union of India v. Suresh Chandra Sethi

Case brief

What is this about?

What did the court decide?

Union of India v. Suresh Chandra Sethi

Case brief

What is this about?

What did the court decide?

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