This court dismissed the writ petition challenging the petitioner's supersession as a Superintending Engineer. The judge found the petition barred by delay and laches as the impugned order was from 2015 and the petition filed in 2019.
The writ petition and impugned order dated 14.08.2015 are dismissed.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2462/2019
Moolchand S/o Late Shri Narayan Ram, Aged About 59 Years, R/o 47-A, Jaiksihan Nagar (Arya Nagar) Murlipura Jaipur At Present Posted As Superintending Engineer, Jaipur Vidyut Vitran Nigam Limited (Jaipur Discom) Sawaimadhopur Rajasthan
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Karanveer For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
11/02/2021
The petitioner assails the orders dated 14.08.2015, whereby for the year 2015-16, he was superseded on the post of Superintending Engineer by the respondent No.4.
The writ petition was filed in the year 2019. It is revealed from the record placed by the petitioner that he was promoted as Superintending Engineer for the subsequent year i.e. 2016-17 and he also joined without any demur in terms of order dated
(2 of 2) [CW-2462/2019]
06.05.2016. After having worked for three years on the post of Superintending Engineer, he has been superseded in the year 2015. The petitioner has filed the present writ petition for setting aside the order dated 14.08.2015.
In the opinion of this court, the order was passed almost four years back and even when he was promoted 2016, he did not challenge that he should be promoted for an earlier year.
In view of above, this court finds that the writ petition is suffers from delay and laches. The same is accordingly dismissed.
All pending applications shall stand dismissed.
(SANJEEV PRAKASH SHARMA),J
Anu /32
2 issues framed by the court
Whether the writ petition challenging supersession of the petitioner from the post of Superintending Engineer suffers from delay and laches.
Whether the time limit requirements apply when the petitioner joined the superseded post in 2016 without challenge.
Moolchand S/o Late Shri Narayan Ram
State Of Rajasthan
Chief Managing Director Cum Director, Jaipur Vidyut Vitran Nigam Limited
Secretary Administration, Jaipur Vidyut Vitran Nigam Limited
Vishambhar Bansal
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
