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SUPREME COURT OF INDIA
NAIB SUBEDAR LACHHMAN DASS
VERSUS
Union of India
DECIDED ON: March 28, 1977
Constitution of India, 1950 - Articles 32, 226 - Invoked Extraordinary Powers - Writ petition filed by appellant in High Court shows that various ill-conceived remedies were adopted by him after Chief of Army Staff passed order which itself was later appellant filed a writ petition in this Court which he withdrew - He filed another writ petition which was dismissed by this Court - He again moved this Court but for a change he alleged on this occasion that Order of Supreme Court Rules was ultra vires - Held, It may perhaps be that appellant was misdirected in regard to remedies which he should have adopted but what stares one in face is that it was for first time that appellant invoked extraordinary powers of High Court for challenging legality of an order - Writ petition was filed after a gross delay for which there is no satisfactory explanation and therefore High Court was justified in dismissing it summarily - Appeal dismissed.
JUDGMENT
CHANDRACHUD, J.
( 1 ) THE appellant was dismissed from service by an order of the Court Martial dated 17/05/1966. He filed an appeal from that order to the Chief of Army Staff, who by his order dated 21/12/1966 set aside the order of dismissal and substituted in its place an order of discharge with retrospective effect from 11/07/1966. Four years thereafter the appellant filed a writ petition in the Delhi High Court on September 22, 1970 which was dismissed in limine by the High Court on 25/11/1970. This appeal by special leave is directed against that order.
( 2 ) THE writ petition filed by the appellant in the High Court shows that various ill-conceived remedies were adopted by him after the Chief of Army Staff passed, the order dated 21/12/1966. In December 1968, whichh itself was two years later, the appellant filed a writ petition in this Court under Article 32 of the Constitution which he withdrew on 19/03/1969. In May, 1969 he filed another writ petition under Art. 32 which was dismissed by this Court on 1/09/1969. He then filed a review petition on 3/08/1969 which was dismissed by this Court on 19/12/1969. In February, 1970 he again moved this Court under Art. 32 but, for a change, he alleged on this occasion that Order XV of the Supreme Court Rules was ultra vires. That petition was dismissed on 3/08/1970 and one month thereafter he filed the present writ petition in the High Court.
( 3 ) IT may perhaps be that the appellant was misdirected in regard to the remedies which he should have adopted, but what stares one in the face is that it was for the first time in September, 1970 that the appellant invoked the extraordinary powers of the High Court under Article 226 of the Constitution for challenging the legality of an order dated 21/12/1966. The writ petition was filed after a gross delay for which there is no satisfactory explanation and, therefore, the High Court was justified in dismissing it summarily.
( 4 ) THE appeal accordingly fails and is dismissed, but there will be no order as to costs. Appeal dismissed.
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