JAI PARKASH GUPTA Vs. BOARD OF SCHOOL EDUCATION, HARYANA AT BHIWANI
LAWS(P&H)-2001-8-129
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 02,2001

JAI PARKASH GUPTA Appellant
VERSUS
Board Of School Education, Haryana At Bhiwani Respondents

JUDGEMENT

Jawahar Lal Gupta, J. - (1.) THE Petitioner is aggrieved by the order dated September 11, 1992 by which he was reverted from the post of Assistant to that of a Clerk. The Petitioner complains that the order was passed without grant of any opportunity. It is, thus violative of the principles of natural justice. The Petitioner prays that a writ of certiorari be issued to quash this order.
(2.) A written statement has been filed on behalf of the Respondent. It has been inter alia averred that the Petitioner has challenged the order after a lapse of almost eight years. It has been further pointed out that the Petitioner had filed Civil Writ Petition No. 10373 of 1998 to challenge the order of reversion which had been passed during that year. At that time, the Petitioner could have made a challenge to the order passed in the year 1992. He had not done so. On merits, it has been pointed out that the order was passed as the Petitioner's performance during the period of probation was not found to be up to the mark. Learned Counsel for the parties have been heard. The solitary contention raised on behalf of the Petitioner is that the order was passed in violation of the principles of natural justice. On behalf of the Respondent, the preliminary objection based on the plea of delay has been pressed.
(3.) ADMITTEDLY , the order of reversion was passed on September 11, 1992. The writ petition was presented in this Court on February 08, 2000. There is a delay of more than seven years. No explanation for this inordinately long delay has been given.;


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