Delay and latches can impact the entertainability of writ petitions.

ORDER :

1. The writ petition has been filed by the writ petitioner to quash the proceedings dated 22.08.1997 and to direct the Managing Director to take criminal action against the officials. Another order dated 02.05.2005, which is the punishment imposed on the writ petitioner is also under challenge in the present writ petition.

2. Before considering the facts and circumstances, the learned Senior counsel appearing on behalf of the respondents raised a preliminary objection regarding the entertainability of the writ petition on the ground of latches. It is contended that the impugned proceedings of the year 1997 is a direction to the Managing Director to initiate criminal action, which was done long back and the interim order dated 02.05.2005 is a punishment imposed on the writ petitioner after conducting departmental disciplinary proceedings.

3. The petitioner has not initiated appropriate action to challenge the said order during the relevant point of time, the present writ petition has been filed after a lapse of about 14 years from the date of his retirement.

4. Even at the time of filing of the writ petition, the petitioner was aged about 71 years and now he would be around 74 years. The petitioner reached the age of superannuation on 31.01.2005 and the writ petition has been instituted on 22nd October 2019, after a lapse of about 14 years from the date of passing of the order of punishment.

5. Under these circumstances, this Court is of an opinion that the writ petition is not entertainable and liable to be rejected on the ground of latches. The principles regarding the delay and latches are settled by the Hon’ble Supreme Court of India in the following judgments:

(a) In the case of Chairman/Managing Director, Uttar Pradesh Power Corporation Limited and Others Vs. Ramgopal reported in [(2020) SCC Online SC 101], the Three Judges Bench of the Hon’ble Supreme Court of India held as follows:

“Whilst it is true that limitation does not strictly apply to proceedings under Articles 32 or 226 of the Constitution of India, nevertheless, such rights cannot be enforced after an unreasonable lapse of time. Consideration of unexplained delays and inordinate laches would always be relevant in writ actions, and writ courts naturally ought to be reluctant in exercising their discretionary jurisdiction to protect those who have slept over wrongs and allowed illegalities to fester. Fence-sitters cannot be allowed to barge into courts and cry for their rights at their convenience, and vigilant citizens ought not to be treated alike with mere opportunists. On multiple occasions, it has been restated that there are implicit limitations of time within which writ remedies can be enforced.”

(b) In the case of P.S. Sadasivaswamy Vs. State of Tamil Nadu, reported in [(1975) 1 SCC 152], the Apex Court held as follows:

“2. … One cannot sleep over the matter and come to the Court questioning that relaxation. In effect he wants to unscramble a scrambled egg. It is not that there is any period of limitation for the Courts to exercise their powers under Article 226 nor is it that there can never be a case where the Courts cannot interfere in a matter after the passage of a certain length of time. But it would be a sound and wise exercise of discretion for the Courts to refuse to exercise their extraordinary powers under Article 226 in the case of persons who do not approach it expeditiously for relief and who stand by and allow things to happen and then approach the Court to put forward stale claims and try to unsettle settled matters……”

(c) In the case of SS Balu Vs. State of Kerala, reported in [(2009) 2 SCC 479], the Hon’ble Supreme Court of India observed thus:

“17. It is also well-settled principle of law that “delay defeats equity”. …It is now a trite law that where the writ petitioner approaches the High Court after a long delay, reliefs prayed for may be denied to them on the ground of delay and laches irrespective of the fact that they are simi