Nand Kishore v. Union Of India And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P. (C) 1450/2018 NAND KISHORE ..... Petitioner Through:

Dr. Ashwani Bhardwaj, Advocate.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Ms. Ruchi Jain, Advocate.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 26.10.2018

1. The Petitioner, who was a Constable/driver in the CISF has in this petition laid a challenge to the Memorandum dated14th August 2009, the Enquiry Report dated 2nd March, 2010 and the orders dated 30 the March 2010, 11th June 2010 and 6th February 2011 issued by the Respondents confirming the penalty of removal from service.

2. On the previous date, the Petitioner was permitted to place on record the correct list of dates. Having gone through the revised list of dates, and having considered the submissions of learned counsel for the Petitioner, the Court is not satisfied that any convincing explanation has been offered by the Petitioner for waiting from 2011 till 12th February 2018, the date on which the present petition was filed, to seek redress.

3. Considering that the Petitioner has been contesting the case at every level, i.e. before the Appellate and thereafter, the Revisional authority, for him to have not followed up the matter after purportedly entrusting the papers to a lawyer, for as long as seven years, is not an acceptable explanation. The Court is, therefore, not inclined to entertain this petition and dismisses it on the ground of laches.

S.MURALIDHAR, J.

SANJEEV NARULA, J.

OCTOBER 26, 2018 nk