The principle of delay and laches is flexible in cases involving recurring causes of action, particularly in pension matters, and charges of misconduct must be substantiated by assigned duties.

ORDER :

Sujit Narayan Prasad, J.

Prayer:

1. The instant intra-court appeal, under Clause 10 of the Letters Patent, is directed against order/judgment dated 16.08.2024 passed by learned Single Judge in W.P.(S) No. 4477 of 2019 whereby and whereunder without deliberating the issues on merit the learned Single Judge has dismissed the writ petition by refusing to interfere with the order passed by the disciplinary authority dated 22.09.1997 and appellate order dated 05.06.2006 solely on the ground of delay and laches, since the writ petition was filed after a lapse of about 12 years of passing of impugned order.

Brief facts of the case

2. Brief facts of the case, as per the pleadings made in the writ petition, which is required for adjudication of lis, reads as under:

3. The petitioner was appointed on the post of Village Level Worker [VLW], now designated as 'Jan Sewak', on 20.10.1986. While working as such in the district of Raidih, Gumla, he was served with a charge-sheet issued by respondent no. 3 on 18.12.1990, on the allegation of dereliction of duty and irregularities in Government work, misleading the higher authorities and violation of Government Rules, to which he replied vide letter dated 06.01.1991 before the enquiry officer denying the allegation leveled against him.

4. After enquiry, vide letter dated 03.04.1991, the enquiry officer-cum-Sub Divisional Officer, Gumla submitted enquiry report to the Director, Accounts, Administration and Self-Employment Programme, Gumla holding the charges not proved against the appellant. However, disagreeing with the enquiry report, the respondent no. 3 asked respondent no. 4 to re-enquire the matter, in turn, the respondent no. 4 submitted the report holding charge nos. 1 and 2 not proved whereas in respect of charge no. 3, the appellant was asked to be vigilant.

5. Thereafter, vide office order dated 13.02.1992, the respondent no. 4 imposed a punishment of withholding of five annual increments and salary for the period of suspension, against which, the appellant preferred departmental appeal, which was dismissed vide order dated 07.09.1993.

6. Being aggrieved with the order passed by the disciplinary authority as well as the appellate authority, the appellant invoked the writ jurisdiction of this Court by filing CWJC No. 1953 of 1994(R), which was dismissed vide order dated 17.05.1995, against which the appellant preferred intra-court appeal, being LPA. No. 288 of 1995(R), which was allowed vide order dated 10.07.1996 and the matter was remitted to the disciplinary authority asking him to start the proceeding afresh from the stage of enquiry report after providing opportunity of being heard to the appellant and to pass a reasoned order.

7. Accordingly, the respondent no. 3 modified the order of punishment vide order dated 22.09.1997 and reduced the same by withholding two annual increments and salary during the period of suspension, against which the writ petitioner-appellant preferred departmental appeal which was dismissed vide order dated 05.06.2006.

8. The writ petitioner-appellant being aggrieved with the order passed by the disciplinary authority dated 22.09.1997 and appellate order dated 05.06.2006 again invoked the writ jurisdiction of this Court conferred under Article 226 of the Constitution of India by filing writ petition being W.P. (S) No. 4477 of 2019, which was dismissed solely on the ground of delay and laches without deliberating the issues on merit, against which the instant intra-court appeal has been preferred.

9. It is evident from the aforesaid factual aspect that the appellant, who is a Village Level Worker [VLW] was served with a charge-sheet on the allegation, inter alia, (i).dereliction of duty and irregularities in Government work; (ii).misleading the higher authorities and (iii).violation of Government Rules. For ready reference, the charge, which is in Hindi, is quoted as under:

10. The enquiry officer-cum-Sub Divisional Officer, Gumla found the charges leveled agai