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VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
UBC/75 Narendra Nath Barman, S/o. Late Hareswar Barman – Appellant
Versus
State Of Assam, Represented By The Secretary To The Govt. Of Assam, Home Department – Respondent
JUDGMENT :
(Vijay Bishnoi, CJ.)
Heard Ms. R. Barua, learned counsel for the appellant. Also heard Mr. N. Das, learned Junior Government Advocate, Assam appearing for all the respondents.
2. This intra-Court writ appeal is filed by the appellant being aggrieved with the order dated 19.07.2021 passed by the learned Single Judge in WP(C) No.3298/2021, whereby the learned Single Judge dismissed the writ petition filed by the appellant/writ petitioner solely on the ground of delay and laches.
3. The brief facts of the case are that while serving as a Constable in the Unarmed Branch of Assam Police, the appellant went on casual leave but he did not join his duties after expiry of the casual leave period and therefore, a show-cause notice dated 29.11.2012, under Section 65 of Assam Police Act, 2007 read with Rule 66 of Assam Police Manual Part-III and Article 311 of the Constitution of India and Rule 7 of the Assam Service (Discipline and Appeal) Rules, 1964, was served upon him mainly on the ground that he had not resumed the duty after expiry of the casual leave.
4. It is not clear as to whether the appellant submitted reply to the said show-cause notice or not. However, departmental pr
Delay in filing a writ petition can lead to dismissal if not adequately explained, emphasizing the principle that equity aids the vigilant.
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 principle of delay and laches can bar the relief in service matters if no satisfactory explanation for the delay is provided, even if merits may favor the applicant.
Delay and laches bar claims in writ petitions, emphasizing the need for timely action to enforce rights under the Constitution.
Inordinate delay in approaching a Writ Court can be a relevant factor for the exercise of equitable jurisdiction.
Inordinate delay in filing a writ petition without satisfactory explanation can lead to dismissal, even in cases involving fundamental rights.
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