Punjab-Haryana High Court
Ex. Constable Jagmail Singh vs State Of Haryana & Others on 22 May, 2013
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CWP No. 11144 of 2013
Date of decision: 22.05.2013
Ex. Constable Jagmail Singh .... Petitioner
Vs.
State of Haryana & others .... Respondents.
CORAM: HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.
Present: Mr. Kamal Sharma, Advocate for the petitioner.
...
Tejinder Singh Dhindsa, J. (Oral).
The petitioner was enlisted as a Constable with the Haryana Police on 03.08.2004. On 20.02.2007, the petitioner was discharged from service in terms of order passed by the Commandant, 2nd Battalion HAP, Madhuban under Rule 12.21 of the Punjab Police Rules, 1934 (as applicable to the State of Haryana). The petitioner chose to avail of his statutory remedies of appeal and revision. His appeal was dismissed by the Inspector General, Haryana Armed Police, Madhuban on 03.05.2007 and the revision petition was dismissed by the Director General, Police, Haryana vide order dated 26.06.2007. The present writ petition has been preferred in the year 2013 impugning the order of discharge dated 20.02.2007 as also the orders passed by the Appellate and Revisional Authorities dated 03.05.2007 & 26.06.2007.
On the specific objection of delay, counsel would argue that the petitioner had filed a mercy petition on 23.02.2008 before the Financial CWP No. 11144 of 2013 -2- Commissioner and Principal Secretary, Government of Haryana, Home Department and which is still pending.
Having heard counsel for the petitioner, I am of the considered view that the present writ petition deserves dismissal on the ground of delay and laches.
It would not be open for the petitioner to approach this Court after an inordinate delay of more than six years of the passing of the order of discharge from service as also rejection of his appeal and revision petition. The petitioner also cannot gain any impetus from the fact that he had filed a mercy petition in the year 2008 before the State Government, precisely for the reason that it was not a statutory remedy that was available to him.
The civil writ petition is accordingly, dismissed on the ground of delay and laches.
22nd May, 2013. (TEJINDER SINGH DHINDSA) harjeet JUDGE