Ram Kumar Verma vs State Of U.P.Thru Prin.Secy. ...
2021 Latest Caselaw 913 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- SPECIAL APPEAL No. - 13 of 2021
 

 
Appellant :- Ram Kumar Verma
 
Respondent :- State Of U.P.Thru Prin.Secy. Panchayat Raj Lko & Ors.
 
Counsel for Appellant :- Onkar Nath Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajan Roy,J.

Hon'ble Saurabh Lavania,J.

Heard.

This appeal is directed against the judgment dated 20.11.2020 by which Writ Petition of the petitioner bearing No. 21435 (S/S) of 2020 (Ram Kumar Verma v. State of U.P. and Others) has been dismissed vide judgment dated 20.11.2020 on the ground of delay and latches. The orders, under challenge, before the Writ Court are dated 19.04.2012 and 02.05.2012.

On being asked as to what explanation was offered by the appellant-petitioner before the Writ Court for delay and latches, only submission made was that he had been representing the Authorities. We are not convinced with the explanation.

We find that punishment order was passed on 19.04.2012 and consequential order was passed on 02.05.2012. Once an order is passed and served upon the delinquent employee then the limitation starts running from the date of passing of the order/receipt of such order and making of representations does not extend limitation prescribed under the Rules.

We also do not find any error in the finding of the learned Writ Court that no plausible explanation has been given for delay and latches.

In view of this as the delay was inordinate and unexplained, judgment of the Writ Court does not suffer from any error and does not require any interference in an intra-Court appeal.

The appeal is dismissed.

Order Date :- 13.1.2021

Arun/-