The doctrine of delay and laches bars stale claims in writ petitions, emphasizing timely action for relief.

Order :

ANOOP KUMAR DHAND, J.

1. By way of filing this writ petition, a challenge has been led to the impugned orders dated 07.06.2002, 17.02.2003 and 19.05.2004 passed by the respondents.

2. By passing the impugned order dated 07.06.2002, the petitioner has been punished with a penalty of stoppage of three annual grade increments with cumulative effect, by the respondents in exercise of the powers contained under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules , 1958 (for short, ‘the Rules of 1958’).

3. Against the aforesaid order, an appeal as well as a review petition was submitted by the petitioner before the Appellate and Re-viewing Authority, however both were rejected by the respective authorities vide impugned orders dated 17.02.2003 and 19.05.2004 respectively.

4. It appears that the petitioner was sleeping over the matter for more than two decades and all of sudden, he woke up after twenty years and approached this Court without giving any plausible explanation in the instant writ petition about the aforesaid in-ordinate delay.

5. Hon’ble Apex Court in the case of Prabhakar Vs. Joint Director, Sericulture Department and Anr., reported in (2015) 15 SCC 1 has held that stale claims should not be generally encouraged and allowed unless there is satisfactory explanation for delay. Hon’ble Apex Court held that if the dispute against termination is raised belatedly and the delay or laches remains unexplained, it would be presumed that the workman has waived his right against his termination. And the dispute raised after de-lay of 14 years was not entertained.

6. In the case of New Delhi Municipal Council Vs. Pan Singh and Others reported in (2007) 9 SCC 278 the Hon’ble Apex Court has opined that though there is no period of limitation provided for filing a writ petition under Article 226 of the Constitution of India, yet ordinarily a writ petition should be filed within a reasonable time. In the said case the respondents had filed the writ petition after seventeen years and the Hon’ble Apex Court, as stated earlier, took note of the delay and laches, as relevant factors and set aside the order passed by the High Court which had exercised the discretionary jurisdiction.

7. In the case of State of Uttaranchal and another Vs. Sri Shiv Charan Singh Bhandari and Others reported in (2013) 12 SCC 179 the Hon’ble Apex Court, while considering the issue regarding delay and laches, observed that even if there is no period prescribed for filing the writ petition under Article 226 of the Constitution of India, yet it should be filed within a reasonable time. Relief to a person, who puts forward a stale claim can certainly be refused relief on account of delay and laches. Anyone who sleeps over his rights is bound to suffer.

8. In the case of Chennai Metropolitan Water Supply and Sewerage Board and Others Vs. T.T.Murali Babu reported in (2014) 4 SCC 108 the Hon’ble Apex Court opined as under:-

"13. First, we shall deal with the facet of delay. In Maharashtra State Road Transport Corporation v. Balwant Regular Motor Service, Amravati and others, AIR 1969 SC 329, the Court referred to the principle that has been stated by Sir Barnes Peacock in Lindsay Petroleum Co. v. Prosper Armstrong Hurd, Abram Farewall, and John Kemp, (1874) 5 PC 221, which is as follows:-

"Now the doctrine of laches in Courts of Equity is not an arbitrary or a technical doctrine. Where it would be practically unjust to give a remedy, either because the party has, by his conduct, done that which might fairly be regarded as equivalent to a waiver of it, or where by his conduct and neglect he has, though perhaps not waiving that remedy, yet put the other party in a situation in which it would not be reasonable to place him if the remedy were afterwards to be asserted in either of these cases, lapse of time and delay are most material. But in every case, if an argument against relief, which otherwise would be just, is founded upon mere dela