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High Court of DelhiW.P.(C)/1436/2018

Randhir Jaiswal v. Union Of India & ORS

2018-07-11Hon'Ble Ms. Justice Hima Kohli,Hon'Ble Ms. Justice Rekha Palli2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1436/2018 RANDHIR JAISWAL ..... Petitioner Through: Mr. Farrukh Rasheed, Advocate.

versus UNION OF INDIA & ORS ..... Respondents Through: Mr. Rakesh Kumar, CGSC.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 11.07.2018 1.

The petitioner seeks directions to the respondent/CRPF to promote him from the post of Constable/GD to the post of Head Constable/GD with effect from 29.4.2007, with all consequential benefits. 2.

At the outset, we have requested learned counsel for the petitioner to address the court on the inordinate delay and laches on the part of the petitioner in approaching the court, for seeking a relief for which the cause of action had arisen as long back as on 16.12.2009, upon issuance of a Notification by the Secretariat of the President of India, regarding award of Police Medal for Gallantry to the petitioner. There is no satisfactory explanation, that has come forth from learned counsel to explain the delay of almost one decade in approaching the court for relief, except for stating that in all this duration the petitioner was posted in remote areas and therefore W.P.(C) 1436/2018

could not seek legal recourse.

3.

We may note that even today, the petitioner is posted at Arunachal Pradesh but he has still managed to engage a counsel to file the present petition. A perusal of the affidavit filed by the petitioner in support of the present petition reveals that he is a resident of Delhi. Learned counsel for the petitioner submits that the petitioner's family members are residing in Delhi. It has to be assumed that the petitioner must be frequently visiting them in Delhi during the period of leave over the past several years. Yet he did not seek any legal recourse in all this duration. 4.

That being the position, we decline to entertain the present petition, which is hopelessly barred by delay and laches. The same is accordingly dismissed.

HIMA KOHLI, J REKHA PALLI, J JULY 11, 2018 ap W.P.(C) 1436/2018