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NIKHIL S. KARIEL
Ram Narayan Prasad Gupta S/o Saryuprasad Gupta – Appellant
Versus
Union Of India – Respondent
ORDER :
1. Heard learned Advocate Mr. Girish K. Patel for the petitioner, who by way of this petition challenges orders dated 12.09.2012, 24.01.2013 and 22.03.2024, whereby the promotion issued to the petitioner is cancelled and representations there-against were rejected.
2. It would appear that the petitioner had been promoted vide an order dated 11.05.2012 from the post of Sub-Inspector, Fire to the post of Inspector, Fire. It appears that upon the promotion being given, the petitioner was required to give his willingness for accepting the promotional post, more particularly it appears that at the relevant point of time, the petitioner was selected for joining the UN Peace Keeping Force in Haiti. It appears that vide communication dated 18.06.2012, the petitioner has given his unwillingness for accepting the promotion to the rank of Inspector and whereas in the communication of unwillingness the petitioner has clearly mentioned as under :
The main legal point established in the judgment is that a petitioner cannot revive a dead cause of action through representations after a gross delay, and specific undertakings made by the petitione....
Delay in challenging promotions can bar relief; timely action is crucial in promotion matters.
Delay and latches defeat equity, and the extraordinary jurisdiction of the writ court must be invoked within a reasonable time.
The main legal point established in the judgment is that delay and laches can lead to a waiver of rights, and a petition filed after a significant delay without reasonable cause may be rejected by th....
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.
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