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1975 Supreme(SC) 345

P.K.GOSWAMI, A.ALAGIRISWAMI, N.L.UNTWALIA
Sualal Yadav – Appellant
Versus
State Of Rajasthan – Respondent


Judgment

GOSWAMI, J. - The appellant was a Sub Inspector of Police. He was dismissed from service by an order of the Inspector-General of Police on or about 13th July, 1964 after holding a departmental enquiry in which it appears he was not present. The appellant appealed to the appropriate authority on October 12, 1964 and the same was dismissed on June 25, 1966. After that, the appellant made a review application under Rule 34 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 on 1st June, 1968. It appears the review application was entertained by the Governor and he passed an order holding that the matter was not fit for review. Thereafter, within about two or three months, a writ application was filed before the High Court which was dismissed by the impugned order.

2. A preliminary objection was taken by the State in the High Court that the application merited dismissal because of undue laches and delay on the part of the appellant. The High Court found that the review application was made to the Governor after a lapse of about two years which was unreasonable delay according to the High Court. That is the main reason why the High Court accepted the


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