The Court dismissed a writ petition challenging the oral termination of service raised after an unexplained delay of 27 years. The petition relied on a Supreme Court precedent dismissing similar claims for striking employees, leading the Court to refuse relief.
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.
S.B. CIVIL WRIT PETITION NO.5352/2006 (Berishal Singh Vs. Union of India & Anr.)
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. CIVIL WRIT PETITION NO.5352/2006 (Berishal Singh Vs. Union of India & Anr.)
Date of Order : 03rd January, 2014
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr.Bharat Saini, for the petitioner/s. Mr.S.S.Raghav, for the respondent/s.
BY THE COURT:
By this writ petition, a challenge is made to oral order of termination
from service.
Learned counsel submits that by an oral order, petitioner’s services was dispensed with in the month of July, 1979. An enquiry into the matter and opportunity of hearing was not provided to the petitioner. In view of above, action of the respondent/s was in violation of the principles of natural justice so as the Rules.
Learned counsel for the respondent/s has raised an objection regarding maintainability of writ petition filed after a lapse of more than 27 years from the date of termination. It is further stated that it is not only the petitioner but many similarly placed employees were terminated from services on their participation in strike. A writ petition was preferred before the Hon’ble Apex Court titled as Hanuman Singh Vs. Inspector General of Police, CRPF bearing writ petition No.2457/1980 , which was dismissed vide judgment dated 13.05.1984. Therein, it was held that petitioner and his colleagues have created a situation, which made things impossible to hold a formal enquiry. Similar writ petitions filed in the years 1980, 1981, 1983 and 1984 were also dismissed.
I have considered the submission made by learned counsel and find
S.B. CIVIL WRIT PETITION NO.5352/2006 (Berishal Singh Vs. Union of India & Anr.)
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unexplained delay of 27 years to maintain this writ petition. The termination of service is said to be in the month of July, 1997 whereas writ petition was filed in the year 2006. A representation was submitted before maintaining the writ petition but no action was taken by the petitioner immediately after his termination or for sixteen years. The delay in maintaining writ petition thus remains unexplained and otherwise it is fatal. The petitioner has not enclosed the order of termination, rather it is said to be a case of oral termination whereas contents of reply show a dismissal order and dismissal of similar petition by the Hon'ble Apex Court.
Learned counsel for the petitioner/s, however, made reference of reply showing the period of strike since 23rd June, 1979 to 30th June, 1979 and the same period is shown to be of custody of the petitioner. It is submitted that person under the custody cannot indulge in strike.
I have considered the aforesaid argument also and find overlapping period of strike as well as of custody. The unfortunate part is, however, that neither the petitioner nor the respondent/s have filed the order of termination to show the facts and reasons of termination other than the judgment of Hon'ble Apex Court in the case of Hanuman Singh (Supra). This Court accordingly considered the judgment of Supreme Court and find that for indulging in strike, similarly placed personnel were even arrested. In view of aforesaid and as not only the writ petition is hit be laches but the similar case has already been dismissed by the Hon'ble Supreme Court, this Court cannot grant relief to the petitioner.
The writ petition is accordingly dismissed.
(M.N. BHANDARI), J.
S/No.7 Preety, Jr.P.A.
S.B. CIVIL WRIT PETITION NO.5352/2006 (Berishal Singh Vs. Union of India & Anr.)
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All corrections made in the judgment/order have been incorporated in the
judgment/order being emailed.
Preety Asopa Jr.P.A.
3 issues framed by the court
Whether a writ petition challenging oral termination of service is maintainable after an unexplained delay of 27 years.
Whether the petitioner can obtain relief given that similarly placed employees' writ petitions were dismissed by the Supreme Court due to strike actions.
Whether the cause of action was affected during the custody period of the petitioner.
Colour shows how this judgement treated each authority
Hanuman Singh Vs. Inspector General of Police, CRPFReferred¶12
Hanuman Singh Vs. Inspector General of Police, CRPW bearing writ petition No.2457/1980
Berishal Singh
Union of India & Anr.
M.N. BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
