Satyabrata Sinha, J. - (1.) This appeal is directed against judgment and order dated January 8, 1986 passed by a learned single Judge of this Court whereby and where-under the writ application filed by the writ petitioner was dismissed in limine on the ground of delay. The petitioner in paragraph 28 of the writ application has stated thus: "In the circumstances stated above, the petitioner approached Mr. Arup Kumar Lahiri, Advocate of Madhyamgram, Police Station Barasat, District 24-Parganas who assured the petitioner to render all legal help and also to move a writ petition in the High Court at Calcutta in the month of May 1982 and the petitioner paid fees and cost to Mr. Lahiri who did not do anything and the petitioner was fully dependent upon him and being in service, it was not possible for the petitioner to take information from Mr. Lahiri from time to time and who assured the petitioner that he need not be anxious over the matter but Mr. Lahiri failed to do anything and the petitioner requested him to return all papers in the month of September, 1985 and Mr. Lahiri returned the papers to the petitioner and thereafter the petitioner came to Ms. Seba Bose, Advocate, High Court, Calcutta who after perusing all papers demanded justice from the State Commandant West Bengal National Volunteer Force by her letter dated October 1, 1985 sent under Registered post with A.D. stating therein everything in a gist and demanding him not to give effect to the impugned punishment as mentioned above and pay him all his loss of salary and although the said letter was duly received by the said respondent but nothing has been done until now. A copy of the said letter is being annexed herewith and marked as annexure "N" to this petition."
(2.) The petitioner in the aforementioned writ application questioned the order of punishment which is to the following effect: "I, therefore, order that the pay of Agragami Balai Chand Kundu of 1st (Biswakarma) Bn., W.B.N.V.F. Durgapore be reduced to the lowest stage i.e. Rs. 230/- in the time scale of pay of Rs. 230-5-250-6-280-7-350-8-414/- for a period of 10 (ten) years with further direction that on the expiry of such period the reduction will have the effect of postponing the future increments of pay. The order of punishment will have its effect on and from April 1, 1982."
(3.) Keeping in view the nature of punishment imposed upon the writ petitioner, we are of the opinion that apart from the fact that the petitioner has assigned some reasons for filing of the writ application after some time, it is not a fit case wherein the writ application should have been dismissed on the ground of delay alone, inasmuch as, in the event the petitioner succeeds on merit, the writ Court keeping in view the inaction on his part, could mould relief.;