High Court of DelhiW.P.(C)/6600/2023

Shri Jal Singh Meena v. L.R.S Institutte Of Tuberculosis And Respiratory Diseases & ORS.

2024-01-12Hon'Ble Ms. Justice Rekha Palli,Hon'Ble Mr. Justice Rajnish Bhatnagar2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6600/2023 & CM APPL. 25911/2023 -Ex.

SHRI JAL SINGH MEENA ..... Petitioner Through:

Mr. Brahm Singh Bhadana, Adv.

versus L.R.S INSTITUTTE OF TUBERCULOSIS AND RESPIRATORY DISEASES & ORS.

..... Respondents Through:

Ms. Nidhi Banga, SPC with Ms.

Archana Surve GP and Mr. Nishant Kumar, Adv. for R-2

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 12.01.2024

1. The present writ petition under Articles 226 & 227 of the Constitution of India seeks to assail the order dated 09.12.2016 passed by the learned Central Administrative Tribunal (CAT) in O.A.

No.

4501/2013.

Vide the impugned order, the learned Tribunal has rejected the O.A. preferred by the petitioner wherein the petitioner had challenged order dated 06.06.2013 passed by the respondent no. 1 terminating his services under Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965.

2. At the very outset, it has been put to the learned counsel for the petitioner as to why the writ petition should not be dismissed on the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/05/2024 at 12:24:10

ground of delay and latches itself.

3. The sole submission of the learned counsel for the petitioner is that the petitioner is a poor ward boy who could not avail of his legal remedies in time and therefore, the delay in approaching this Court may be condoned.

4. We are, however, not convinced with this plea of the learned counsel for the petitioner and are of the considered view that a belated challenge to the order passed by the learned Tribunal way back in 2016 that too at the behest of a person who was a temporary employee who stands terminated in 2013 cannot be permitted.

5. The writ petition is, accordingly, dismissed on the ground of delay and latches itself.

REKHA PALLI, J TUSHAR RAO GEDELA, J JANUARY 12, 2024 acm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/05/2024 at 12:24:10