Lal Deo Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12023 of 2013 =========================================================== Lal Deo Singh Aged About 69 Years S/o Late Sheo Nandan Singh, Retired Police Constable Village Manjhwly, P.S.- Wazirganj, Distt. Gaya. .... .... Petitioner/s
Versus
1. The Superintendent of Police, Monghyr
2. The Deputy Inspector General of Police, Monghyr Range
3. The Inspector General Police, Bhagalpur Zone
4. The Director General Police cum Inspector General Police, Patna .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Ram Kumar Singh For the Respondent/s : Mr. S.K. Singh, AC to GP-19 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 06-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner has made a complain that during his life time of service, he has not been granted the 1st and 2nd Time Bound Promotion. He has been appointed as Constable and has superannuated from service in 1985 as Constable without any promotion. For the first time, he approached this Court in the year 2013 and has submitted that he went on filing the representation before the authority concerned, but every time, they have not taken any cognizance.
It is well known principle of law that the delay defeats the legal right. If the petitioner remained in slumber for 18 years and
Patna High Court CWJC No.12023 of 2013 dt.06-10-2016 2/2 kept silence by filing the representation, will not be helpful to condone the delay and laches.
Though the limitation Act does not apply in the writ petition, as repeatedly this Court and the Hon'ble Supreme Court have held that in a case when any person approaches after a long delay, certainly the Court should refuse to entertain the application even though he went on filing representation. Reliance can be placed on judgments reported in (2008) 10 SCC 115 (C. Jacob vs. Director of Geology and Mining and others) and (2010) 2 SCC 59 (Union of India vs. M.K.Sarkar).
In such view of the matter, this Court does not find any merit in the present case and the same is, accordingly, dismissed. (Shivaji Pandey, J) Mahesh/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 06.10.2016 Transmission Date