Ex Sub Inspector Chet Ram vs Union Of India & Anr.
2011 Latest Caselaw 1140 Del

*        IN THE HIGH COURT OF DELHI AT NEW DELHI
+              Writ Petition (Civil) No. 1209/2011

Ex Sub Inspector Chet Ram            ....Petitioner
                 Through Mr. J.S. Malik and
                          Mr. K.R. Anand, Advocates.

                         VERSUS

Union of India & Anr.                      .....Respondents
                 Through        Mr. Jatan Singh & Mr. Kunal Kahol,
                                Advocates for UOI/respondent No.1.
                                Ms. Zeenat Masoodi, Advocate for
                                Mr. Najmi Waziri, standing counsel
                                for respondent No. 2.

CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV KHANNA
                        ORDER

% 24.02.2011 CM No. 2568/2011 (for exemption)

Allowed, subject to all just exceptions.

Writ Petition (C) No. 1209/2011

Petitioner Chet Ram in this writ petition filed in January,

2011, impugns the order dated 23rd November, 2006. Thus there is a

delay of four years in filing the writ petition. The explanation given is

that the petitioner was paralyzed on 24th January, 2004 and was under

treatment for a long time. Medical papers have not been enclosed

with the writ petition. However, during the course of hearing, papers

with regard to hospitalization and discharge of the petitioner on 29th

January, 2004 have been shown to us.

2. Courts take a lenient and liberal view on the question of delay

and latches, especially when the question is about access to justice.

However, in the present case, we have examined the facts and find that

the petitioner was dismissed from service in 2002 on the ground that

he, while working as Area Officer, had submitted a wrong verification

report of one Mohinder Singh. In the verification report, he had stated

that Mohinder Singh was an Indian National and was residing at House

No. 410, near Chaupal, Kapashera Village, New Delhi. On this basis,

Mohinder Singh was issued an Indian Passport. Subsequently, it was

found that Mohinder Singh was not Indian but a Pakistan National and

his real name was Munir Ahmed. On verification, it was found that

Mohinder Singh @ Munir Ahmed was not a resident at the address

ascertained and verified by the petitioner. The report submitted by the

petitioner was found to be bogus and false and the same was made

with ulterior motives which resulted in issuance of Indian Passport to a

Pakistan National.

3. In view of the aforesaid factual position, we do not find any

reason to issue notice and interfere with the order passed by the

Central Administrative Tribunal dated 23rd November, 2006 and the writ

petition is dismissed in limine.

SANJIV KHANNA, J.

CHIEF JUSTICE February 24, 2011 kkb