Karan Singh Bisht v. State Bank Of India And ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No.22679 of 2018 Date of Decision:12.10.2023 Karan Singh Bisht ....Petitioner vs.
State Bank of India and others ....Respondents
CORAM:
HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present:
Mr. Salil Dev Singh Bali, Advocate for the petitioner Mr. Kapil Kakkar, Advocate for the resplondents *** JAGMOHAN BANSAL, J. (ORAL) 1.
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of oral termination order served upon the petitioner on 28.07.2008.
2.
The respondents in its reply has pointed out that petitioner was terminated vide order dated 27.06.2008 and it is factually incorrect that petitioner was terminated orally. The respondents in the reply has disclosed factum of passing of order in writing, however, there is no such order on record.
3.
Though respondents have not placed on record order dated 27.06.2008 whereby petitioner was terminated yet this Court cannot entertain this writ petition after ten years from the date of termination especially in view of the fact that petitioner has not advanced any plausible PARAMJIT KAUR SAINI 2023.10.12 17:31 I attest to the accuracy and authenticity of this order/judgment
CWP No.22679 of 2018 -2- 2023:PHHC:132884 reason for such a delay of ten years. The petitioner has only pleaded that in 2015, Jharkhand High Court had adverted with similar controversy and on merit, allowed writ petition. Jharkhand High Court passed order in 2015 and petitioner has approached this Court in 2018. Firstly, the subsequent judgment does not create remedy which has already become time barred. Secondly, Jharkhand High Court passed order in 2015 and petitioner approached this Court in 2018 and there is no explanation for delay even from the date of passing order by Jharkhand High Court. 4.
In the wake of above facts and findings, this Court finds that petition deserves to be dismissed on the ground of delay and laches and accordingly dismissed.
(JAGMOHAN BANSAL) JUDGE 12.10.2023 paramjit Whether speaking/reasoned: Yes/No Whether reportable: Yes/No PARAMJIT KAUR SAINI 2023.10.12 17:31 I attest to the accuracy and authenticity of this order/judgment