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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Arjun Prasad Singh Son of Late Chhotu Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
In the instant writ petition, petitioner has assailed the order dated 18 October, 2023 passed in O.A No.050/00813/2019 read with M.A No. 050/00813/2019. In the original application before the Central Administrative Tribunal, Patna Bench, Patna (for short CAT) petitioner assailed the order of removal from service dated 14.12.1992. Further, he has sought for release of the pay and all due allowances for the intervening period from 06.11.1989 and 31.05.2015. The CAT proceeded to dismiss the petitioner’s original application on the score of limitation hence the present petition. Cause of action accrued to the petitioner as on 13.12.1993 with reference to removal from service dated 14.12.1992 that is within one year from the date of cause of action, petitioner should have invoke the remedy in filing application under section 19 of the Administrative Tribunal Act, 1985. Assuming that petitioner has statutory remedy of appeal before the appellate authority and appeal has been filed on 04.03.1993 and if the appeal is not decided within a period of six months that is 03.07.1993 even from 03.07.1993 the petitioner was required to invoke
Inordinate delay in filing a writ petition without satisfactory explanation can lead to dismissal, even in cases involving fundamental rights.
Inordinate delay in filing petitions without reasonable explanation can lead to dismissal, emphasizing the importance of promptness in asserting rights under Articles 32 and 226.
Prolonged delay in asserting rights can result in denial of judicial relief, emphasizing the need for prompt action to maintain claims.
Point of Law : 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 ....
Delay and laches can bar relief in writ petitions, especially when the petitioner fails to assert rights in a timely manner, rendering the case devoid of merits.
Delay in approaching the court can bar relief even in matters of rightful claims, emphasizing that negligence in pursuing claims leads to their dismissal.
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