Ex. Nk Shriram Singh v. Union Of India And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6115/2018 & CM No.23731/2018 EX. NK SHRIRAM SINGH ..... Petitioner Through:

Mr.Rajiv B.Samaiyar, Advocate versus UNION OF INDIA AND ORS.

..... Respondents Through:

Ms.Suman Chauhan, Advocate

CORAM:

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

O R D E R

% 30.05.2018 1.

This petition has been filed by the petitioner challenging his removal order dated 22.12.1976, passed by the respondent No.2/CRPF. The petitioner further seeks re-instatement from 22.12.1976, with all the benefits of superannuation, in view of the judgment dated 24.04.1981, passed by the learned Additional Sessions Judge, District Baria in Sessions Appeal No.179A/1976, entitled State vs. Rajmuni Singh & Others, acquitting him. 2.

At the outset, we have requested learned counsel for the petitioner to explain the inordinate delay of 42 years in approaching the court for relief, if reckoned from the year 1976 and the delay of 37 years, if reckoned from 24.04.1981. The only explanation sought to be offered by learned counsel for the petitioner for filing such a belated petition is that the petitioner is very poor and was busy in managing the affairs of his family. W.P.(C) 6115/2018

3.

The very fact that the petitioner has been satisfactorily managing the affairs of his family for the past 42 years, without approaching the court for relief, itself shows that he had no interest in challenging his removal order. Even a copy of the dismissal order, which the petitioner has challenged in this petition, is not on record.

4.

We decline to entertain such a stale claim as raised in the present petition, which is dismissed as being hopelessly bared by delay and latches, along with the pending application.

HIMA KOHLI, J.

REKHA PALLI, J.

MAY 30, 2018 'hkaur'

W.P.(C) 6115/2018