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SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Mosomat Shyam Sunder Devi – Appellant
Versus
Union of India through the Divisional Railway Manager, South Eastern Railway – Respondent
ORDER :
Sujit Narayan Prasad, J.
I.A. No.7383 of 2023
This interlocutory application has been filed for condoning the delay of 66 days in filing the appeal.
Heard learned counsel for the parties.
Considering the sufficient cause as has been assigned in the interlocutory application and having no objection on the part of the Respondent State, the delay of 66 days in preferring the appeal is hereby condoned.
Accordingly, I.A. No.7383 of 2023 stands disposed of.
LPA No.377 of 2022
This appeal is filed under Clause 10 of the letters patent, directed against the order dated 02.05.2022 passed by the learned Single Judge of this court in WP(S) No. 4276 of 2009, whereby and where under, the writ petition has been dismissed without interfering with the order of punishment dated 13.10.1980 and the order dated 01.09.1981 on the ground that the writ petition has been filed after a delay of 28 years from the date of cause of action, i.e. the order of dismissal.
2. Brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under :-
2(i) The appellant was initially appointed to the post of Gangman on 31.07.1965 and the services of the appel
Point of Law : Doctrine of delay and laches should not be lightly brushed aside. A writ court is required to weigh the explanation offered and the acceptability of the same. The court should bear in ....
While exercising extraordinary jurisdiction under Article 226 of Constitution; delay defeats equity and delay cannot be brushed aside without any plausible explanation.
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