Court No. - 10
Case :- SPECIAL APPEAL No. - 523 of 2018 Appellant :- Raksha Pal Singh Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Suresh Chandra Kushwaha Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
This Special Appeal is directed against the judgement and order dated 30 April 2018 by which the writ petition filed by the appellant for quashing the order dated 8 April 2004 has been dismissed.
It transpires from the records of the writ petition that the order dated 8 April 2004 was passed for dis-continuance of the appellant who had been engaged as a Lekhpal on a temporary basis.
All that has been submitted by the learned counsel for the writ petitioner is that the representation filed by the writ petitioner before the competent authority for reinstatement was pending consideration and even though reminders had also been sent but has not been decided. The relief that has been claimed is that a direction may be issued to decide the representation. Learned counsel for the appellant also submits that the appellant was actually engaged on permanent basis and not on temporary basis.
The learned Judge noticed that the writ petition was filed in 2018 with regard to an order that was passed on 8 April 2004. It was for this reason that the petition was dismissed.
No satisfactory explanation has been offered by the appellant to explain this inordinate delay in filing the writ petition nor any submission has been made to substantiate under which provision of law the representation was filed.
The submission about being engaged on a permanent basis cannot be examined for the simple reason that the writ petition was filed with an inordinate delay.
In such circumstances, there is no error in the judgement which may call for interference.
The Special Appeal is, accordingly, dismissed.
Order Date :- 29.5.2018 A. V. Singh (Jayant Banerji,J.) (Dilip Gupta,J.)