Dismissed

Jagdish Prasad Meena S/O Shri Dhira Ram Meena v. the State of Rajasthan

Rajasthan HC2 Dec 2020SAW/532/2020

Case brief

AI extract

What is this about?

D.B. Special Appeal challenging the dismissal of a writ petition filed after a 14-year delay and a further delay of 270 days in filing the appeal. The High Court dismissed the application for condonation of delay and dismissed the appeal on merits as well.

What did the court decide?

Application under Section 5 of the Limitation Act dismissed; appeal dismissed being barred by limitation and on merits.

Jagdish Prasad Meena S/O Shri Dhira Ram Meena Vs… — Service and Employment | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal Writ No. 532/2020

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Jagdish Prasad Meena S/o Shri Dhira Ram Meena, Aged About 60 Years, Resident Of Village Kariri, Post Shahpura, District Jaipur. Presently Retired but at the time of filing the Writ Petition, was working As Driver, Forensic Science Laboratory, Nehru Nagar, Panipech, Jaipur.

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----Appellant

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Versus

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The State Of Rajasthan through Principal Secretary, Home, Government Secretariat, Jaipur.

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Director General Of Police, Police Headquarters, Jaipur.

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Inspector General Of Police, Jaipur Range-I, Jaipur.

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Superintendent Of Police, Jaipur Rural, Jaipur.

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Director, State Forensic Science Laboratory, Rajasthan, Nehru Nagar, Panipech, Jaipur.

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----Respondents

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For Appellant(s) : Ms. Madhumita Das (through VC)

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HON'BLE THE CHIEF JUSTICE

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HON'BLE MR. JUSTICE PRAKASH GUPTA

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Judgment

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02/12/2020

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This appeal has been filed by the appellantpetitioner (for short, 'the appellant') challenging the order dated 27.8.2019 passed by the learned Single Judge dismissing the writ petition. Alongwith the appeal, an application under Section 5 of the Limitation Act has also been filed for condoning the delay of 270 days in filing the appeal.

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(2 of 3)

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[SAW-532/2020]

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Facts of the case are that the appellant, who was recruited as a Police Constable (Driver), was served with a charge sheet on 12.8.1992, which resulted into the order of punishment dated 19.3.1994, by which the appellant was penalized with stoppage of one grade increment with cumulative effect.

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In the year 2008 i.e. after 14 years, the appellant filed an appeal challenging the penalty order dated 19.3.1994 and since the aforesaid delay of 14 years was unexplained, the learned Single Judge dismissed the writ petition vide order dated 27.8.2019. Hence, this appeal has been filed and that too with a delay of 270 days.

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Learned counsel for the appellant submits that a copy of the enquiry report had neither been supplied to the appellant nor any opportunity of personal hearing was given to him.

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Heard learned counsel for the appellant and carefully perused the relevant material on record.

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From a perusal of the application under Section 5 of the Limitation Act, it is evident that in the application, no cause, much less the sufficient cause has been shown, to condone the inordinate delay of 270 days in filing the present appeal. Hence, the application under Section 5 of the Limitation Act is liable to be dismissed, which stands dismissed accordingly.

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Even otherwise on merits too, there was no explanation before the learned Single Judge for filing the departmental appeal after a long delay of 14 years. The appellant has filed the present appeal with an inordinate

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(3 of 3)

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[SAW-532/2020]

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delay of 270 days, which goes to show the lethargic approach of the appellant in pursuing his cause. In this view of the matter, we are in agreement with the observations made by the learned Single Judge in his order dated 27.8.2019.

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Thus, consequent upon the dismissal of application under Section 5 of the Limitation Act, this appeal does not survive and the same also stands dismissed being barred by limitation and merits as well.

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(PRAKASH GUPTA),J

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(INDRAJIT MAHANTY),CJ

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DILIP KHANDELWAL /14

Jagdish Prasad Meena S/O Shri Dhira Ram Meena v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jagdish Prasad Meena S/O Shri Dhira Ram Meena v. the State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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Statutes considered

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