Petitioner challenged service termination via writ under Article 226, citing comparable precedents where quashing was granted. Court rejected claim, holding inordinate six-year delay precludes relief, dismissing application solely on grounds of delay.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7570 of 2016
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Krishna Prasad S/o Late Udan Prasad, resident of village Lanjo, P.S.Kakopali, District- Jehanabad.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Mukul Prasad For the Respondent/s : Mr.Nawal Kishore Singh- SC-2 Mr. J.K. Roy, SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
Constitution of India was filed on 27.04.2016, seeking quashing of an office orders dated 10.09.2010 and 24.09.2010 issued under the signature of Deputy Secretary, Road Construction Department, Government of Bihar and the Executive Engineer,
Patna High Court CWJC No.7570 of 2016(9) dt.03-08-2021 2/3
Sahabad Road Division, Ara, whereby the petitioner’s service in work charge establishment has been terminated.
Patna High Court CWJC No.7570 of 2016(9) dt.03-08-2021 3/3
the part of the petitioner in approaching this Court, no relief as sought for by the petitioner can be granted. This writ application deserves to be dismissed on the sole ground of delay.
(Chakradhari Sharan Singh, J)
arun/-
U
2 issues framed by the court
Whether service termination be quashed in facts where there is inordinate statutory delay of nearly six years in approaching court.
Whether the principles of laches and delay bar the granting of writ relief in employment termination disputes.
Colour shows how this judgement treated each authority
Yugeshwar Singh Vs. State of Bihar and orsDistinguished¶23
CWJC No. 17447 of 2013
1 provisions across 1 enactments
Krishna Prasad
The State Of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
