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2024 Supreme(Gau) 1344
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
KAKHETO SEMA, BUDI HABUNG, JJ.
C.T. Wenkhang Konyak – Appellant
Versus
The State Of Nagaland And Ors – Respondents
WA 13 of 2024
Decided on : 26-09-2024
Advocate Appeared:
For the Appellant : Mr. Wati Jamir, Ms. Alito Swu, Mr. S. Imli, Advs.
For the Respondents: Mr. E. Thiba Phom, Govt. Adv., Mr. Tongpok Pongener, Mr. Akum Jamir, Mr. L. Phom, Ms. Asenla S. Longkumer, Ms. Vikehienuo Vimerha, Ms. Ayala Imchen, Mr. Muthoi, Mr. Akum Aier, Advs.
IMPORTANT POINT
The court established that delay in challenging administrative decisions, especially regarding promotions and seniority, can bar relief if not adequately explained.
Headnote:
Laches - Writ Appeal - Article 226 - Delay in Filing
Fact of the Case:
The petitioner challenged the promotion of the respondent based on a seniority list published years prior, claiming ignorance of the list due to lack of notification. The writ petition was filed after a significant delay, which the court found unexcused.
Finding of the Court:
The court upheld the dismissal of the writ petition, emphasizing that the delay in challenging the seniority list and promotion was not satisfactorily explained and would disrupt administrative order.
Issues: Whether the delay in filing the writ petition was justified and if the court should entertain the petition despite the significant lapse of time.
Ratio Decidendi: The court reiterated that unexplained delay in filing a writ petition can lead to dismissal, especially when it affects the rights of third parties and administrative efficiency.
Result: The appeal was dismissed, affirming the lower court's decision.
JUDGMENT :
(K. Sema, J)
The present writ appeal has been filed to quash and set aside the judgment & order dated 24/04/2024 passed by the learned Single Judge in W.P.(C) No. 258/2020 dismissing the writ petition on grounds of delay and laches.
2. The facts of the case in brief, as projected in the writ petition, is briefly recited as follows;
i) By the order dated 25/07/2000 issued by the Addl. Chief Secretary & Commissioner, Nagaland, the petitioner was promoted and appointed in the post of Jamadar, in the Village Guards Organization. Thereafter, by the order dated 10/02/2006, the petitioner was promoted to the post of Subedar V.G. Subsequently, by the order dated 24/10/2016 issued by the Commissioner, Nagaland, Kohima, the petitioner and the respondent No.7 were both promoted to the post Subedar Major V.G. In the order dated 24/10/2016, the petitioners name appeared at Sl. No.2 while the name of the respondent No.7 appeared in Sl. No.1.
ii) Thereafter, by the Memorandum dated 14/09/2018 issued by the Commissioner & Commandant General, V.G, Nagaland, the tentative seniority list of all the Subedar Major, in the Village Guards Organization, as on 15/09/2018 was published. In the said tentative seniority list, the name of the writ petitioner was shown at Sl. No. 7 while the respondent No.7 was shown in Sl. No. 8 of the list. The Memorandum dated 14/09/2018 also provided that any objection/correction to the tentative seniority list may be submitted within 30 days from the date of issuance of the memorandum and in the event no objection is filed within the stipulated date the tentative seniority list shall be treated as final.
iii) Subsequent to the issuance of the memorandum dated 14/09/2018 publishing the tentative seniority list, the Government of Nagaland, Office of the Commissioner, Nagaland, in continuation of the memorandum dated 14/09/2018, issued the Memorandum dated 30/11/2018 publishing the final common seniority list of Subedar Major of all districts under the Village Guards Organization as on 15/09/2018. In the final seniority list, the respondent No.7 appeared at Sl. No. 7 of the said list while the writ petitioner appeared at Sl. No. 8 below the respondent No.7.
iv) That consequent to the issuance of the Memorandum dated 30/11/2018 publishing the final seniority list, the Government of Nagaland, Home Department, Police ‘B’ Branch issued the notification dated 19/07/2021 promoting the respondent No.7 and two others from the post of Subedar Major to that of Asstt. Commandant (Cl-I gaz). The promotion was made on the recommendation of the Departmental Promotion Committee.
v) Subsequent to the issuance of the notification dated 19/07/2021, the writ petitioner, through one Mr. Chingkai Konyak, filed the application dated 12/08/2022, to the department concerned, seeking necessary information under the RTI Act, 2005 and pursuant to which the information was furnished by the department on 03/10/2022 along with the copy of the Minutes of the DPC held on 15/07/2021. It was only from the Minutes of the DPC, that the writ petitioner, could discover that the recommendation for promotion of the respondent No.7 was made on the basis of the seniority list, APARs and the available service records. It was only subsequent thereto, that the writ petitioner could obtain the copy of the Office Memorandum dated 30/11/2018 publishing the common final seniority list of the Subedar Major of all districts in the Village Guards Organization.
vi) Against the notification dated 19/07/2021, the writ petitioner also submitted the representation dated 12/09/2022 to the Principal Secretary, Home Department, Nagaland, Kohima, seeking revocation of the promotion of the respondent No.7 to the post of Asstt. Commandant, on the ground that, the writ petitioner was appointed to the post of Jamadar prior to the respondent No. 7 and was also senior to the said respondent in the rank of Subedar Major.
vii) The writ petition was thereafter filed seeking for the follow
