W.P.(C) 14358/2021

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 15^thDecember, 2021

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W.P.(C) 14358/2021

14611025 ACFN ONKARESHWAR TRIPATHI ..... Petitioner

Through:

Mr.Pawan

Prakash

Pathak,

Adv.

versus

UNION OF INDIA & ORS.

..... Respondents

Through:

Mr.P.S.

Singh,

Sr.

Panel

Counsel

for

UOI

with

Mr.Kavindra Gill, (GP)

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

HON'BLE MR. JUSTICE NAVIN CHAWLA

MANMOHAN, J. (Oral)

1.

Present writ petition has been filed challenging the order dated

21^stApril 2015 passed by Armed Force Tribunal, Principal Bench as

well as the order of dismissal from service dated 13^thDecember, 2000

in summary court martial proceeding. Petitioner also seeks directions

to the respondents to reduce quantum of punishment.

2.

Learned counsel for the petitioner states that the petitioner was

enrolled in the Indian Army in year 1988 and was posted in 43 EME

(Electrical & Mechanical Engineering Corps) Bn. in Jammu &

Kashmir. He further states petitioner availed leave from 04th August

1999 to 28th September 1999, during which period the petitioner had

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W.P.(C) 14358/2021

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met with an accident, due to which he was admitted in hospital and

therefore, could not establish communication with the battalion.

3.

He admits that the petitioner remained absent for 419 Days and

reported back on 20th November 2000 voluntarily to EME Depot

Battalion, Secundarabad. He states that the petitioner was informed

about the impugned order dated 21st April, 2015 by his Advocate only

in the year 2020.

4.

Having heard the learned counsel for the petitioner, this Court

finds that no document has been filed to show that the petitioner met

with an accident in 1999 and that she was hospitalized after the

alleged accident. Consequently, this Court has no option but to

presume that the petitioner was absent for 419 days without any just

cause and reason.

5.

Further, the present writ petition is barred by delay and laches

inasmuch as though the impugned order is dated 21^stApril, 2015, yet

the present writ petition has been filed after a lapse of more than six

years. The alibi that the petitioner learnt about the impugned order

only in the year 2020 is make belief as no proceedings or complaint

has been filed against the advocate of the petitioner who had appeared

before the Armed Forces Tribunal.

6.

The Supreme Court in the case of Chairman/Managing

Director, U.P. Power Corporation Ltd. & Ors. vs. Ram Gopal, 2020

SCC OnLine SC 101, has held that delay defeats equity and law

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favours the vigilant and not the indolent. The relevant portion of the

said judgment is reproduced hereinbelow:-

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W.P.(C) 14358/2021

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7.

Accordingly, the present writ petition, is dismissed both on

merits as well as on the ground of laches.

MANMOHAN, J

NAVIN CHAWLA, J

DECEMBER 15, 2021/rv

2021:DHC:4202-DB