Dig Riyaz Ahmed Khan v. Union Of India And ORS

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1958/2016 DIG RIYAZ AHMED KHAN ..... Petitioner Through Ms. Jyoti Singh, Sr. Advocate with Ms. Tinu Bajwa & Mr. Himanshu Gautam, Advocates.

versus UNION OF INDIA AND ORS.

..... Respondents Through Mr. Vikas Mahajan, CGSC & Mr. S.S.

Rai & Mr. A.N. Singh, Advocates.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 23.05.2017 The petitioner in this writ petition filed on 4th March, 2016 seeks orders/directions in respect of his Annual Confidential Reports (ACRs), which were considered by the Departmental Promotion Committee (DPC) meeting held on 3rd August, 1989.

We do not think the petitioner should be allowed and permitted to raise the said grievance after more than 27 years. The writ petition should be dismissed on the ground of delay and laches, without examining the merits as reopening the past issue at the belated stage even if there is a change in law, would lead to administrative chaos and confusion. We would not permit the petitioner to do so. The view expressed by us find resonance and affirmation in the decision dated 24th January, 2014 in Writ Petition (C) No. 7241/2001, M.S. Sharma versus Union of India and Others, wherein

after referring to the judgment of the Supreme Court in Dev Dutt versus Union of India, (2008) 8 SCC 725 and other cases, it was held that these judgments cannot be relied upon after years of DPC being held. The writ petition is accordingly not entertained and is dismissed on the ground of delay and laches.

SANJIV KHANNA, J.

NAVIN CHAWLA, J.

MAY 23, 2017 VKR