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MOKSHA KHAJURIA KAZMI
Nissar Ahmad Shah – Appellant
Versus
Union of India – Respondent
JUDGMENT :
"Limitation is not a matter of justice.
It is a rule of public policy which has its origin in history and its justification in convenience."
Alfered Denning.
1. Feeling aggrieved and dissatisfied with the order passed by respondent no. 3-commandant 20 Bn CRPF on 20.08.2001, the petitioner has preferred instant writ petition after an inordinate delay.
BRIEF FACTS OF THE CASE
2. It is stated that the petitioner got appointed as Constable bearing No. 983360413r in the department and was working in D/22nd Battalion, Central Reserve Police Force (CRPF) at Assam in the year 1998. In the year 2000 petitioner was granted leave for 60 days from 12.07.2000 to 09.09.2000 on account of his mother being ill. Unfortunately, he lost his mother and his wife. These harsh circumstances lead to adverse psychiatric symptoms and the petitioner had to undergo consistent treatment and had to maintain proper follow-up from the year 2001.
3. It is stated that at the back of the petitioner, the proceedings were initiated and an ex-parte dismissal order was passed by Commandant 22nd Battalion CRPF, Assam, without affording any opportunity of being heard to the petitioner. Petitioner made several represen
The judgment emphasizes the importance of limitation as a rule of public policy and the petitioner's failure to explain the delay in approaching the court.
The court emphasized the importance of timely filing of appeals and writ petitions, the inability of successive representations to condone delay, and the limited scope of judicial review in disciplin....
The doctrine of delay and laches can disentitle a petitioner from obtaining discretionary relief, and inordinate delay may lead to the dismissal of a petition.
Inordinate unexplained delay of 20 years bars condonation; doctrine of laches prevents revival of stale claims.
Inordinate delay in filing a writ petition without satisfactory explanation can lead to dismissal, even in cases involving fundamental rights.
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