Uttarakhand High Court
SPA/525/2014 on 11 September, 2018
Author: Rajiv Sharma
Bench: Rajiv Sharma, Manoj Kumar Tiwari
SPA No. 525 of 2014 Hon'ble Rajiv Sharma, ACJ. Hon'ble Manoj Kumar Tiwari, J.
Mr. Shivanand Bhatt, Advocate for the appellant.
Mr. Anil Kumar Bisht, Standing Counsel for the State of Uttarakhand / respondents.
This Appeal is instituted against the judgment dated 1st July, 2014 rendered by the learned Single Judge in Writ Petition No. 287 of 2014 (S/S).
Key facts necessary for adjudication of this Appeal are that the appellant was appointed as a Constable in Uttar Pradesh Police on 13th August, 1980. He was awarded punishment of censure entry for disobedience of the commands of the Senior Officers on 04.02.1994. Against the punishment order dated 04.02.1994, appellant filed a departmental Appeal bearing No. A- 125/1994.
The case of the appellant before the learned Single Judge was that he has not been communicated the decision.
Appellant has slept over his rights. Limitation Act does not apply to the writ jurisdiction, but delay and laches are to be taken into consideration.
There is no illegality or perversity in the judgment of the learned Single Judge. Accordingly, the Appeal fails and the same is dismissed.
(Manoj Kumar Tiwari, J.) (Rajiv Sharma, ACJ.) 11.09.2018 Rathour