Ex-Sepoy No.4160872 Leeladhar ... vs U.O.I.Thru.Secy.Ministry Of ...
2021 Latest Caselaw 2654 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 
Case :- SERVICE BENCH No. - 2661 of 2021
 
Petitioner :- Ex-Sepoy No.4160872 Leeladhar Neolia
 
Respondent :- U.O.I.Thru.Secy.Ministry Of Defence New Delhi & Ors.
 
Counsel for Petitioner :- Gyanendra Kumar Pandey,Apoorv Pandey
 
Counsel for Respondent :- A.S.G.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Manish Kumar,J.

Heard learned counsel for petitioner and Sri Varun Pandey, learned counsel appearing for the respondents.

The present petition has been preferred challenging the order dated 04.12.2019 passed by the Armed Forces Tribunal, Regional Bench, Lucknow in M.A. No.416 of 2020.

Learned counsel for petitioner has submitted that the petitioner was dismissed from service vide order dated 10.11.1980 against which application was preferred before the Armed Forces Tribunal in the year 2019 with delay of 37 years, 06 months and 04 days. The reason for delay as indicated in the affidavit filed in support of the application seeking condonation of delay is quoted herein below:-

"2. That since the applicant has been regularly approaching the respondents for redressal of his grievances, as he was awarded double punishment for no offence i.e. (i) 60 days rigorous imprisonment on 06.11.1980 and thereafter awarding dismissal from service order on 10.11.1980 at the back of the applicant, but till date neither the Summary Court Marshal proceeding papers i.e charge sheet, findings and punishment award orders is given nor applicant's objection is ever considered, contending vide Annexure No.2 that the applicant's appeal seeking mercy had been rejected on 03.02.1981, which was relating to Respondent No.1 only and despite allowing the applicant medical discharge, the applicant is sent to rigorous imprisonment at one hand and at the other dismissed from service on the ground only that how the applicant remained fainted lying in dry ditch w.e.f. 10. p.m. upto the time of his joining i.e. morning at 6.00 a.m. only, as such the cause of action is recurring in nature and is alive still, as no any point of time the applicant's grievances are appreciated, regarding which the latest representations to the Respondents No.1 & 2 respectively is also pending disposal vide Annexure Nos.21 and 22 respectively."

After hearing learned counsel for the parties and after perusal of the affidavit filed in support of the application for condonation of delay, what we find is that the petitioner/applicant had not explained the delay satisfactorily, as per law settled by Hon'ble Supreme Court as well as by this High Court in various pronouncements.

Since the petitioner was dismissed from service in the year 1980 and the application was filed in the year 2019 with delay of 37 years, 06 months and 04 days which was not satisfactorily explained, this Court finds that there is no reason to interfere with the judgment passed by the Armed Forces Tribunal, Regional Bench, Lucknow, dated 04.12.2019.

The writ petition being devoid of merit is hereby dismissed.

Order Date :- 19.2.2021

Renu/-