Jai Kumar Singh vs Union Of India & Ors. on 14 June, 2012

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Jharkhand High Court

Jai Kumar Singh vs Union Of India & Ors. on 14 June, 2012

Bench: Aparesh Kumar Singh

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    W. P. (S) No. 2047 of 2008
      Jai Kumar Singh                                   ..............Petitioner
                                  Versus
      The Union of India & others                .............. Respondents
                                  
      CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
                                  
      For the Petitioner                                : Mr. R. Mukhopadhyay, Advocate.
      For the RespondentsUnion of India                : Mr. Faizur Rahman ( C.G.G No.1)
                                  

08/14.06.2012

Heard learned counsel for the petitioner and learned counsel for the Union of India.

The petitioner has moved this Court for quashing of an order dated 11.9.2001 passed by respondent no.3 by which the appeal preferred by the petitioner against the order of minor punishment dated 23rd November, 1998 passed by the respondent no.2, has been rejected as being time barred.

It is the case of the petitioner, who is an employee of Central Industrial Security Force that for certain charges he was proceeded departmentally and criminal case was also instituted which resulted in acquittal of the petitioner as well as other coaccused Awadhesh Singh belonging to the same Industrial Security Force vide judgment dated 9th April, 2001 passed by the trial court. The said Awadhesh Singh preferred an appeal against the punishment order based upon his acquittal in the criminal case which was rejected as being time barred in the year 2001. However, the petitioner submits that the said person Awadhesh Singh preferred writ petition before this Court in the year 2002, which is annexed as Annexure2 at page16 being W.P. (S) No. 924 of 2002 which was disposed of vide order dated 20.11.2002 setting aside the appellate order dated 3rd July, 2001 by directing the appellate authority to consider the appeal of the said Awadhesh Singh by passing a reasoned order.

The petitioner has preferred an appeal against the order of minor punishment after being acquitted on the criminal charges by the trial court before the appellate authority which was rejected vide order dated 11th September 2001. The petitioner, however, chose to move this Court being aggrieved by the said rejection order dated September,2001 only by filing this writ application in the month of April, 2008 after almost 7 years. The petitioner submits that he is suffering on account of the minor punishment as his promotion has been deferred because of the punishment order. There is no explanation for the delay and laches on the part of the petitioner for moving this Court after 7 years. Therefore, it will not be proper to revive issues which have attained finality by virtue of the impugned order in the year 2001 itself on account of the laches of the petitioner himself.

Accordingly, I am not inclined to entertain this application, it is dismissed.

(Aparesh Kumar Singh,J) jk

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