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SUPREME COURT OF INDIA
H.L. GOKHALE & DIPAK MISRA, JJ.
Chennai Metropolitan Water Supply and Sewerage Board & Others – Appellants
Versus
T.T. Murali Babu – Respondent
Civil Appeal No. 1941 of 2014 (Arising out of S.L.P. (C) No. 15530 of 2013)
Decided On : 10-02-2014
Doctrine of delay and laches –Applicability of-Doctrine of delay and laches should not be lightly brushed aside- A writ court is required to weigh the explanation offered and the acceptability of the same- The court should bear in mind that it is exercising an extraordinary and equitable jurisdiction- As a constitutional court it has a duty to protect the rights of the citizens but simultaneously it is to keep itself alive to the primary principle that when an aggrieved person, without adequate reason, approaches the court at his own leisure or pleasure, the Court would be under legal obligation to scrutinize whether the lis at a belated stage should be entertained or not- Delay comes in the way of equity- In certain circumstances delay and laches may not be fatal but in most circumstances inordinate delay would only invite disaster for the litigant who knocks at the doors of the Court- (Para 16)
Facts of the Case-
Present Appeal has been filed against judgment passed by High Court Affirming the judgment of single judge wherein setting aside punishment of dismissal reinstatement of respondent with continuity of service but without back wages was directed.
Findings of the Court-
The Supreme Court held that Doctrine of proportionality did not get remotely attracted to such a case. The punishment was definitely not shockingly disproportionate. Interference by High Court with the punishment was held to be totally unwarranted and unsustainable. Again, High Court was held wholly unjustified in entertaining writ petition after a lapse of four years. Impugned judgments and orders passed by High Court were set aside .Appeal was allowed.
Result-Appeal allowed
Judgment :-
Dipak Misra, J.
Leave granted.
2. The present appeal, by special leave, is directed against the judgment and order dated 22.11.2012 passed by the High Court of Judicature at Madras in Writ Appeal No. 2531 of 2012 whereby the Division Bench has affirmed the judgment and order dated 21.7.2011 in W.P. No. 25673 of 2007 whereunder the learned single Judge had allowed the writ petition, and after setting aside the punishment of dismissal, directed reinstatement of the respondent with continuity of service but without back wages.
3. Bereft of unnecessary details, the expose’ of facts that have been undraped are that the respondent was appointed as a Surveyor in Chennai Metropolitan Water Supply and Sewerage Board (for short, “CMWSSB”) and subsequently promoted as Junior Engineer in 1989. From 28.8.1995 he remained continuously absent from duty without any intimation to the employer and did not respond to the repeated memoranda/reminders requiring him to explain his unauthorized absence from duty and to rejoin duty. On 1.4.1997 he reported to duty with the medical certificate for his absence from duty for the period commencing 28.8.1995 to 31.3.1997. As he had already remained unauthorisedly absent and did not respond to the memos by offering an explanation, a charge-sheet had already been issued on 11.9.1996 under the Chennai Metropolitan Water Supply and Sewerage Board Employees (Discipline and Appeal) Regulations, 1978 (for brevity “the Regulations”). The charge memo contained two charges, namely, that the respondent-herein had failed to submit an explanation to the first charge memo dated 11.10.1995 inspite of reminders and second, he deserted his post by remaining unauthorisedly absent from duty from 28.8.1995, and thereby committed misconduct under Regulations 6(1) and 6(2) respectively of the Regulations. Be it noted, though the charge memo was duly acknowledged by the respondent on 19.11.1996, yet he chose not to submit his explanation till 6.1.1997, much after the charge-sheet was issued.
4. As the factual matrix would further uncurtain, an enquiry was conducted against the respondent and his explanation in the enquiry was that he could not attend to the duties and could not give explanation to the first charge memo because of ill health. The enquiry officer found charges were proved and, accordingly, submitted the enquiry report which was accepted by the disciplinary authority and after following the due procedure punishment of dismissal was passed on 16.4.1998. In the order of dismissal disciplinary authority observed that belated submission of medical certificate on 1.4.1997 irresistibly led to the conclusion that the respondent employee was unauthorisedly absent from 28.8.1995. A conclusion was also arrived at that the first charge, namely, that he had not responded to the letters and reminders, also stood proved. Being of this view, the disciplinary authority thought it apt to impose the punishment of dismissal from service and he did so.
5. On an appeal being preferred by the respondent the Board rejected the appeal dated 30.6.1998. Being dissatisfied by the order of dismissal and the affirmation thereof in appeal, the respondent preferred W.P. No. 15272 of 1998. The learned Single Judge, by order dated 12.3.2003, directed re-consideration of the appeal solely on the ground that the Managing Director who was the disciplinary authority had taken part in the proceedings of the Board which decided the appeal. After the said order came to be passed, the matter was again placed before the Board and the appellate authority, considering the enquiry report, the evidence brought on record and after due discussion, affirmed the order of disciplinary authority and consequently dismissed the appeal on 1.7.2003.
6. The grievance of re-affirmation of the order of dismissal was agitated by the respondent in W.P. No. 25673 of 2007 which was preferred on 7.7.2007. The appellant-Board in the counter affidavit, defending the order o
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