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DELHI HIGH COURT
SURESH KUMAR KAIT, SUDHIR KUMAR JAIN
Dharmender Rana – Appellant
Versus
Union of India – Respondent
CM APPL. 16380/2022 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is accordingly disposed of.
W.P.(C) 5502/2022
3. The present petition has been filed under Articles 226 & 227 of the Constitution of India by the petitioner seeking appropriate writ/order for setting aside order dated 18.05.2019 rejecting the petition of the petitioner and thereby also setting aside the order of dismissal of the petitioner from service dated 07.06.2010 and directing the respondents to reinstate the petitioner in service with all benefits.
4. It is not in dispute that the petitioner was dismissed from service vide order dated 07.06.2010. It is also not in dispute that till 25.01.2019, petitioner did not challenge the dismissal order dated 07.06.2010 before any authority.
5. However, he made the petition dated 25.01.2019 first time and the same was rejected by the competent authority vide reasoned and detailed order dated 18.05.2019.
6. The petitioner waited for nine years to challenge the dismissal of order dated 07.06.2010.
7. In present petition, the petitioner did not explain properly delay and latches
8. Accordingly, we hereby dismiss the
Inordinate delay in approaching a Writ Court can be a relevant factor for the exercise of equitable jurisdiction.
The discretionary nature of jurisdiction under Article 226 of the Constitution of India requires prompt approach to the court, and unexplained delay and latches could be a basis to refuse to exercise....
The court has the authority to review dismissal orders under Article 226 of the Constitution of India and can set them aside if found to be unsustainable procedurally, in proportionality, and timing ....
Delay in filing a petition under Article 226 may result in dismissal, emphasizing that unreasonable delays can bar claims despite no strict limitation applicable.
The limited scope of Judicial Review in interfering with the quantum of punishment imposed by the Competent Authority.
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