Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S. RAMACHANDRA RAO, C.J., RAJESH SHANKAR
Bira Ram, S/o. Late Shiv Pujan Ram – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. appellant's suspension and salary dispute (Para 1 , 2) |
| 2. arguments for full salary and natural justice (Para 3 , 4 , 5 , 6 , 7) |
| 3. respondents' defense on delay and laches (Para 8 , 12) |
| 4. court's observations on delay, laches, and the nature of claims. (Para 9 , 10 , 11 , 18) |
| 5. judicial guidance on delay and laches (Para 13 , 14 , 15) |
| 6. understanding continuing wrong in salary claims (Para 16 , 17) |
| 7. appeal dismissed, order affirmed (Para 19 , 20) |
JUDGMENT :
Rajesh Shankar, J.
The present appeal is directed against the part of the order dated 04.09.2024 passed in W.P. (S) No. 6704 of 2023 whereby the learned Single Judge has rejected the prayer of the petitioner/appellant for the payment of full salary for the period during which he remained under suspension i.e. from 03.11.2003 to 12.01.2006, on the ground of delay and laches. Further prayer has been made for quashing and setting aside the order as contained in clause (ga) of paragraph no. 04 of the notification as contained in memo no. 670 dated 23.03.2007 issued by the State Government after conclusion of departmental proceeding conducted against the appellant whereby it was ordered that the appellant would not ge
Delay and laches can bar claims for relief under discretionary writ jurisdiction, emphasizing the importance of timely action by petitioners.
The court established that inordinate delay in seeking legal remedy, especially in service-related claims, can bar relief, and that the doctrine of delay and laches is a critical consideration in the....
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 ....
Delays of over 20 years in challenging termination negate claims for relief, but compensation for unutilized leave salary is warranted.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
