Iftekhar Hussain v. Sub-Area Manager, Umrer Sub Area, Western Coal Fields Ltd., Umrer, Nagpur And ORS.

2024:BHC-NAG:4693-DB 1 911wp2738.2024.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 2738 OF 2024 (Iftekhar Hussain..Vs.. Sub Area Manager, Umrer Sub Area WCL Nagpur and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Inamul Haque, counsel for petitioner, CORAM : NITIN W. SAMBRE & ABHAY J. MANTRI , J J .

DATED : 24-04-2024 Heard.

2.

Petitioner claims to be working on the post of Clerk - Grade III as per order dated 14.7.2001. 3.

After departmental proceedings, the petitioner was served with show cause notice on 1.2.2005. 4.

The punishment came to be awarded on 20.5.2005 of demotion which is subject matter of challenge in the petition. The order which is questioned in the petition was passed almost 19 years back. 5.

The petitioner should have approached this Court within a reasonable period after receipt of communication of such order i.e. within three years as prescribed under the provisions of Limitation Act. The only explanation putforth by learned counsel Mr. Inamul Haq is that he was pursuing the issue with the employer

2 911wp2738.2024. through various representations which were not responded.

5.

By keeping representation pending, the petitioner cannot bring his claim within a period of limitation. The petition suffers from an inordinate delay and latches. 6.

That being so, petition stands dismissed.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Belkhede