Court No. - 39
Case :- WRIT - A No. - 17478 of 2018 Petitioner :- Suraj Prasad Tripathi Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Rajeev Trivedi,Rajesh Kumar Tripathi,Satya Prakash Pandey Counsel for Respondent :- A.S.G.I.,Vivek Kumar Rai
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Sri S.P. Pandey, learned counsel for the petitioner and Sri Vivek Rai, learned counsel for respondents no. 1, 3, 4, 5 & 6.
The order under challenge arises out of departmental proceedings. The writ petition is barred by laches. The laches have been sought to be explained in paragraphs 42 onwards and it is stated that in 2005 the petitioner met with an accident and was hospitalized for a long time as a result of which he suffered 40% disability. In paragraph 43, it is stated that thereafter, the petitioner has recovered and after passing of the impugned orders he requested one of his colleagues to do pairvi of his case and got the Original Application filed before the Central Administrative Tribunal. In paragraph 44, it is stated that the Original Application filed before the Central Administrative Tribunal was dismissed on 30.09.2011 and thereafter, the pairokar also died in the year 2014.
We fail to understand what the petitioner was doing from 2011 till 2014 and we decline to accept any such proposition that the petitioner had absolutely no knowledge from 2011 till 2014 that his pairokar had also died. Even after 2014 till filing of the present writ petition, it has not been explained anywhere as to what the petitioner was doing during this period. All that has been stated is that he came in contact with his present counsel Sri Rajesh Kumar Tripathi in the month of May, 2018 and thereafter filed this writ petition. We are not impressed with the explanation of laches given in paragraphs 42 to 46 of the writ petition.
The writ petition is, therefore, dismissed as barred by laches.
Order Date :- 18.8.2018 nd