Court No. - 6
Case :- WRIT - A No. - 23410 of 2018 Petitioner :- Krishna Nand Dwivedi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Aalok Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
Undisputedly on 21 October 2008, the retiral benefits of the petitioner were computed and certain amounts which were allegedly embezzled deducted. The retiral benefits of the petitioner were finally computed by and in terms of this order. In the meanwhile, it appears that in the criminal trial which was proceeding parallely, the petitioner was ultimately acquitted by an order dated 8 April 2009 passed by the Additional Sessions Judge, Kushi Nagar in Criminal Appeal No. 14 of 2005. However the deductions, which were effected by the order of 21 October 2008, were never challenged at any point of time by the petitioner. Even today, there is no challenge to the aforesaid order.
Accordingly, the writ petition fails on the ground of laches and is consequently dismissed.
Order Date :- 31.10.2018 VKS