Sandeep Kumar Richhariya vs State Of M.P. And Ors. on 19 February, 2008
6. We have perused the decision of the Apex Court in the case of Bhoop Singh v. Union of India and Ors. (supra) cited by Mr. Jain and we find that in the said decision the Apex Court has held that if a person entitled to a relief chooses to remain silent for long and thereby gives rise to a reasonable belief in the mind of others that he was not interested in claiming that relief, then others are justified in acting on that belief and this is more so in service matters where vacancies are required to be filled up. The Supreme Court found in the facts Writ Appeal No1880 of 2007 of that case that Bhoop Singh who had been terminated from service, challenged the order of termination after lapse of 22 years without any cogent explanation for the inordinate delay and thereafter filed a writ petition for reinstatement on the ground that others similarly dismissed had been reinstated pursuant to their earlier writ petitions filed by them. Hence by the time he approached the Court after 22 years, the vacancy of Bhoop Singh had been filled up and number of recruitments had taken place to different vacancies thereafter and by the inordinate and unexplained delay, a situation had been created, which could not be reversed by his reinstatement.