Dr Debnarayan Samanta v. State Of West Bengal And ORS.

03 08.7.2022 Sc Ct. no.12 RVW 4 OF 2022 (filed in WPST 128 OF 2018) with I.A. No.CAN 1 OF 2022 (Application for condonation of delay) with I.A. No.CAN 2 OF 2022 (Application for stay) -------------- Dr. Deb Narayan Samanta Vs.

The State of West Bengal & Ors.

Mr. Indradeep Pal Mr. M. F. Rahaman Ms. S. Pal (Das).

... For the Petitioner Mr. Anirban Ray Mr. Pinaki Dhole Mr. Avishek Prasad.

... For the Respondents Heard on the question of delay as well as on merit of the review petition.

Mr. Indradeep Pal, learned counsel for the review petitioner and Mr. Avishek Prosad, learned counsel for the State are present.

Taking into consideration the explanation offered by the petitioner in the interim application regarding cause of delay in preferring the review petition, we are satisfied about the delay and the delay is accordingly condoned. Accordingly, the application for condonation of delay being I.A. No. CAN 1 of 2022 is disposed of. Coming to the merit of the review petition it is found from the impugned order that the writ petition has been dismissed on the ground of delay and laches on the

part of the petitioner to approach the Court for his retiral benefits that too after 17 years after he attained the age of superannuation.

Mr. Pal, learned counsel for the petitioner submits that the delay in preferring the application before the tribunal having been condoned, the finding in the writ petition of this Court is an error apparent on the face of the record and the petitioner should not have been disadvantaged applying the doctrine of delay and laches. We may say here that the order passed by this Court may be erroneous in the wisdom of the petitioner but we do not find any error apparent on the face of the record in the impugned order passed, as the Court has taken into consideration what had been canvassed before it.

Accordingly, we dismiss the review petition also. In view of dismissal of the review petition, the connected application being I.A. No. CAN 2 of 2022 stands dismissed.

There is no order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Chitta Ranjan Dash, J.) (Aniruddha Roy, J.)