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Uttarakhand High Court

WPSS/1081/2020 on 8 March, 2022

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

        IN THE HIGH COURT OF UTTARAKHAND
                              AT NAINITAL
                ON THE 8TH DAY OF MARCH, 2022
                                     BEFORE:
          HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

              Writ Petition (S/S) No. 1081 of 2020

BETWEEN:
Deep Kumar.                                             ...Petitioner
         (By Mr. Vinoda Nand Barthwal, Advocate)


AND:
Regional Manager, The Oriental
Insurance Company Ltd. & others.                          ...Respondents
         (By Mr. I.P. Kohli, Standing Counsel for the respondents)



                                  JUDGMENT

Heard learned counsel for the parties.

2. Petitioner was served as Development Officer in Oriental Insurance Company Ltd. His two increments were stopped by way of punishment vide order dated 15.06.2010.

3. By means of this writ petition filed in 2020, petitioner has sought following reliefs:-

"I) Issue a writ order or direction in the nature of certiorari by quashing the disciplinary order of penalty i.e. reduction of 2 (two) increments dated 15.06.2010 (contained as Annexure no. 6 to this writ petition).
II) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 to pay and refund the entire amount deducted from the petitioner pursuant to the order dated 15.06.2010 with prevailing interest. (contained as Annexure no. 6 t the writ petition)."

4. Since there is unexplained delay/laches of ten years, therefore, this Court is not inclined to entertain challenge to the punishment order, at this belated stage.

5. Accordingly, writ petition is dismissed on the ground of delay and laches.

(MANOJ KUMAR TIWARI, J.) Navin