NAWAL KISHORE PANDEY Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-10-51
HIGH COURT OF JHARKHAND
Decided on October 13,2009

Nawal Kishore Pandey Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) THIS appeal has been preferred against the order dated 6.7.2009 passed in W.P.(S) No. 453 of 2009, by which the writ petition was dismissed on the ground of gross laches on the part of the petitioner -appellant.
(2.) THE petitioner -appellant herein had filed the writ petition challenging his termination, which took place in the year 2002 only after one and a half month of his appointment. But the petitioner - appellant appears to have waited for a long seven years and thereafter in the year 2009, challenged his termination by filing a writ petition. The learned Single Judge has rightly observed that the petitioner is a University employee and is also not the one who is handicapped or is in the illiterate category, so as to take seven long years for challenging the order of termination, in spite of his awareness. If he has taken seven long years to challenge his termination, the learned Single Judge was perfectly justified in dismissing the same on the ground of gross laches. Time and again, it has been held in a series of decisions of the Apex Court as also this Court that although there is no prescribed period of limitation for filing a writ petition, the fact remains that the action challenged by the petitioner -appellant should take place within a reasonable period of the emergence of the cause of action. Challenging termination after long seven years, cannot be treated as an ordinary delay.
(3.) THE appeal thus has no substance and hence it is dismissed at the admission stage itself.;


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