B. Venkatshwarlu v. The Depot Manager

HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.A.No.748 OF 2018 JUDGMENT: (ORAL) (per Hon'ble Sri Justice Suresh Kumar Kait) Vide the present appeal, the appellant has challenged order dated 22.11.2017 passed in W.P.No.39477 of 2017 whereby the writ petition filed by the appellant before this Court has been dismissed.

2. The appellant was appointed as a Casual Driver on 18.02.1998 after undergoing process of selection. Thereafter, he was issued a charge sheet on 10.11.1998 alleging that he was absented for duty from 15.10.1998 to 10.11.1998 without permission. Thereafter, an enquiry was conducted and the services of the appellant were terminated on 02.07.1999. Against the said order, the appellant preferred an appeal on 15.12.2014 after lapse of nearly 15 years. The same was rejected on the ground that he was preferred appeal after 14 years 5 months. Thereafter, a review was filed before the Regional Manager and same was also rejected agreeing with the order of the appellate authority by observing that it is an old case of 16 years. Thereafter, the appellant filed I.D.No.76 of 2015 before the Industrial Tribunal and the same was also dismissed on 09.01.2017 based upon the delay and latches.

3. It is not in dispute that the appellant was terminated vide order dated 02.07.1999 and thereafter has not taken any steps against that order however first time he preferred an appeal on 15.12.2011 after lapse of 15 years.

4. In view of above, we find no ground to interfere with the impugned order dated 22.11.2017 passed in W.P.39477 of 2017 by this Court.

5. Finding no merit in the instant appeal and the same is accordingly dismissed. No order as to costs. Miscellaneous Petitions, if any pending, shall stand closed.

__________________________ SURESH KUMAR KAIT, J.

________________________________ ABHINAND KUMAR SHAVILI, J.

Date : 02-07-2018 Gvl