- (1.) AT the request of parties, the arguments were heard and intra court appeal is, being disposed off finally.
(2.) PETITIONER/appellant has preferred this intra court appeal, challenging the interim order of Single Judge dated 1.5.2006, whereby S.B. Civil Writ Petition No.3197/2005, filed by petitioner against order dated 14.9.2000 declaring him unfit for Govt.Job, has been dismissed in limine. Submission of learned counsel for appellant is that petitioner was selected for the post of Constable in the Railway Protection Special Force. He had already been acquitted in a Criminal Case, vide judgment dated 18.3.2000, therefore , on the date of filling up of the form on 2.8.2000, there was no case pending against him. Petitioner did not conceal any material fact and he furnished correct facts. The respondents wrongly found petitioner unfit for appointment. Order dated 14.9.2000 was illegal. Therefore, learned Single Judge, wrongly dismissed the writ petition of the petitioner on the ground that there was concealment of facts in the application form. He therefore, submitted that order of learned Single Bench be set-aside and writ petition be allowed. Learned counsel for respondents submitted that the application form for the post of Constable was filled by the appellant way back on 2.8.2000 and information regarding Criminal Case No. 891/96, wherein he was convicted and admonition was given and subsequently, the benefit of Section 12 of the Probation of Offenders Act was given, was not mentioned. These facts came to the notice of respondents from the report of District Magistrate. Since petitioner concealed the material fact, therefore, his candidature was rejected. He further submitted that the order was passed way back on 14.9.2000, and respondents came to know about present litigation when they received the notice of this appeal in the year 2010, after a delay of ten years. He also submitted that even the writ petition was filed in the year 2005, after a delay of more than four years. The writ petition was also liable to be dismissed on the ground of delay/latches in filing the writ petition. He submitted that reply to writ petition could not be filed as notice on writ petition was not issued as it was dismissed in limine. He, therefore, filed a reply to writ petition in this intra court appeal. In reply to writ petition, it has also been mentioned that the record of present case has been weeded out, therefore, original application form has not been placed by them on record. He, therefore, submitted that the special appeal is not only liable to be dismissed on the ground of concealment of material fact by the petitioner but on the ground of delay/latches in filing the writ petition also. We have considered the submissions of learned counsel for the parties and examined the impugned order passed by Single Bench and other documents on record . From the order dated 14.9.2000, it appears that the petitioner did not furnish the information regarding pending criminal case and the said fact came to the notice of the respondents from the report of the District Magistrate, Alwar, when matter was sent for police verification. Learned Single Judge has dismissed the writ petition on the ground of concealment of material fact. No illegality or perversity has been pointed out by learned counsel for the petitioner in the order passed by learned Single Judge . We find no infirmity in the order passed by learned Single Judge.
(3.) THAT apart, there is no dispute that attestation form was filled on 2.8.2000. The impugned order was passed on 14.9.2000. The writ petition was filed in the year 2005. In Para 10 of the writ petition, the petitioner has mentioned that the petitioner submitted a representation dated 8.1.2001, but it was not considered. Petitioner, thereafter served a notice for demand of justice dated 28.3.2005. However, he has not explained the delay from 8.1.2001 to 28.3.2005 i.e. a delay of more than four years. It is true that there is no period of limitation prescribed for filing the petition but it is a settled law that writ petition can be dismissed on the ground of delay/latches in filing the writ petition. Since the petitioner has not furnished any sufficient cause for not filing the writ petition for more than four years, we are of the view that the writ petition is also liable to be dismissed on the ground of delay/latches in filing the writ petition. In view of above, we find no merit in this intra court appeal and the same is accordingly dismissed, with no order as to costs.;