FIRDOSH KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the order dated April 8, 1999 passed by the learned single Judge in S. B. Civil Writ Petition No. 1335/1997 whereby the writ petition filed by the petitioner was dismissed on the ground of delay and laches.

(2.) THE writ petition was filed by the petitioner-appellant for quashing the orders (Annexure-6) dated August 27, 1992 passed by the Disciplinary Authority; Annexure-7 dated March 19, 1993 passed by the Appellate Authority and Annexure-8 dated March 4, 1995 passed by the Reviewing Authority and to declare them illegal. Further prayer by way of mandamus to reinstate the appellant in service with all consequential benefits was also sought. The said writ petition was rejected by the learned single Judge vide his order dated April 8, 1999 on the ground that the petitioner- appellant has filed the writ petitions after lapse of two years and therefore, the writ petition cannot be entertained at such a belated stage. Accordingly, the writ petition was dismissed only on the ground of delay and laches.

(3.) BEFORE the learned single Judge, an: argument was advanced by Shri R. P. Vyas, the learned Additional Advocate General that the writ petition cannot be entertained at such a belated stage. Accepting that argument of the learned Additional Advocate General, the learned single Judge rejected the writ petition. The matter was not dealt with on merits.