Punjab-Haryana High Court
Raj Kumar Son Of Sh. Hans Raj vs Life Insurance Corporation Of India ... on 7 May, 2012
Author: K. Kannan
Bench: K. Kannan
CM No.13515 of 2011 in CWP No.15374 of 2011(O&M) [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CM No.13515 of 2011 in
CWP No.15374 of 2011
Date of Decision: 07.05.2012
Raj Kumar son of Sh. Hans Raj, resident of Krishna Colony, Pehowa Road,
Devigarh, District Patiala.
... Petitioner
Versus
Life Insurance Corporation of India through Zonal Manager, Zevan Bharti
Towar-II, 124, Cannaught Circus, New Delhi and another.
... Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present: Mr. Sanjeev Manrai, Advocate
for the applicant/petitioner.
Mr. B.R. Mahajan, Advocate,
for the respondents.
*****
1. Whether reporters of local papers may be allowed to see the
judgment? NO
2. To be referred to the reporters or not? NO
3. Whether the judgment should be reported in the digest? NO
K. KANNAN, J. (Oral)
1. The writ petition was dismissed for default on 08.09.2011 when the petitioner was not present in Court to prove that he had preferred an intra departmental appeal against the order of termination. The prayer in the writ petition was that the appeal alleged to have been filed with the respondents must be decided within the time as directed by the Court. The Corporation was taking a defence that no appeal at all had been filed. The application is now filed for restoration and the applicant makes a reference to the particular Diary Number under which the appeal had been filed. The counsel for the Corporation states that the relevant records making reference to the diary number of the Senior Divisional Manager is not available and the records CM No.13515 of 2011 in CWP No.15374 of 2011(O&M) [2] have been destroyed. I would, therefore, make an inference that an appeal had been filed but since the records are not available, the petitioner will have a right to challenge the termination before this Court, if he so advised. If such a case is filed within two weeks from the date of receipt of copy of the order, the petitioner will be at liberty to explain the issue of laches in such a writ petition and the matter will be considered on its own merits.
2. With these observations, the application for restoration is disposed of.
7th May, 2012 ( K. KANNAN ) rajan JUDGE