RAJASTHAN HIGH COURT AT JAIPUR BENCH
G.M.Lodha, J.
State of Rajasthan - Appellant
Versus
Ameer Chand Jain & others - Respondent
S.B.C.W.P. No. 1091 of 1982.
Decided On : 8-02-1982
Government Orders - Delay in Challenging Tribunal Order - The court dismissed the writ petition due to inordinate and unexplained delay by the petitioner in challenging the order of the Service Tribunal, despite clear government orders mandating timely action and implementation of tribunal decisions.
Fact of the Case:
The State challenged an order of the Rajasthan Civil Services-Appellate Tribunal after a delay of four years and three months. The respondents raised a preliminary objection citing the inordinate and unexplained delay.
Finding of the Court:
The court dismissed the writ petition due to the petitioner's failure to explain the delay in challenging the tribunal order, emphasizing the importance of timely resolution of disputes regarding service matters.
Issues: Inordinate and unexplained delay in challenging the tribunal order.
Ratio Decidendi: The court emphasized the importance of timely resolution of disputes regarding service matters and upheld the government orders mandating timely action and implementation of tribunal decisions.
Final Decision: The writ petition was dismissed with costs due to the inordinate and unexplained delay by the petitioner.
Sub : Implementation of decision of the Rajasthan Civil Services Appellate Tribunal.
It has come to the notice of the Government that the Administrative Department Heads of Departments have not been taking effective steps to implement the decisions of the Rajasthan Civil Services Appellate Tribunal within a reasonable period. Timely action is also not taken to decide, whether writ in the Rajasthan High Court in respect of decision of the Tribunal has to be filed or not with the result that the fate of the appellants hangs in balance for a unlimited time.
Government have considered the matter. In order to ensure that a final action on the Order of the Tribunal is taken within a reasonable time limit, it is enjoined on all the concerned authorities to ensure that the orders passed by the Tribunal should be implemented positively within three months from the date of the delivery of the certified copy of the order. If in any case the order of the "Tribunal is to be taken to the High Court by way of a writ petition, the writ petition should also be filed within three months invariably.
Sd. Arun Kumar Special Secretary to Govt.
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