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High Court Of ChhattisgarhWPS/2202/2021rejected

Heera Lal Chaturvedi v. Chief Engineer (Ra. Kshe)

2021-04-05Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2202 of 2021 Heera Lal Chaturvedi S/o Sanat Ram Chaturvedi, Aged About 43 Years R/o Village And Post Sarsiva, Police Station Sarsiva, Tahsil Bilaigarh, District Baloda Bazar - Bhatapara Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh ---- Petitioner

Versus

1.

Chief Engineer (Ra. Kshe) Chhattisgarh State Power Distribution Company Limited, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2.

Additional Chief Engineer (Ra. Kshe) Chhattisgarh State Power Distribution Company Limited, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3.

Junior Engineer, Chhattisgarh State Power Distribution Company Limited Sarsiva, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 4.

Executive Engineer (O And M) Dn. C.S.P.D.C.L. Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondents For Petitioner :

Mr. Nasimuddin Ansari, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 05/04/2021 1.

The present writ petition seems to be filed being aggrieved of an order dated 09.08.2016, whereby the respondents have passed an order of punishment of withholding of two annual increments with cumulative effect against the petitioner.

2.

At the outset, this Court is of the opinion that the writ petition suffers from delay laches as the order of punishment is one which was issued as early as on 19.08.2016 i.e. almost 41⁄2 years prior to the filing of the writ petition. The said period is a considerable long

-2period for any person to challenge the same, particularly when the order of punishment was one which was appealable under the Service Rules governing the field.

3.

Given the said facts, this Court does not find any strong case made out by the petitioner for issuance of any direction to the respondents. The writ petition thus fails and is accordingly rejected only on the ground of delay latches.

Sd/- (P. Sam Koshy) Judge Ved