Delhi High Court
Ex Ct Maya Shankar Singh vs Union Of India And Ors. on 17 December, 2021
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2423/2020
EX CT MAYA SHANKAR SINGH ..... Petitioner
Through: Mr. Ajit Kakkar, Advocate.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Jitesh Vikram Srivastava, Advocate
with Mr. Prajesh Vikram Srivastava,
Advocate.
Mr.Hemendra Singh, Dy.Comdt., Law
Officer, BSF.
% Date of Decision: 17th December, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVING CHAWLA
JUDGMENT
MANMOHAN, J (Oral):
1. Present writ petition has been filed challenging the order of removal
dated 27th April, 2001 and 22nd April, 2019 issued by the respondents or in
the alternative convert the punishment of his dismissal into discharge.
Petitioner also seeks direction to the respondents to award lesser punishment
to the petitioner and award compassionate allowance as per the service
rendered by him in BSF.
2. Since the petitioner had been removed from service on 27th April,
2001, this Court is of the view that the present writ petition is barred by
delay and laches.
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:20.12.2021
18:16:31
3. At this stage, learned counsel for petitioner states that the petitioner
had approached Guwahati High Court in the year 2010 challenging the order
of the dismissal. He states that the present petition has been filed for a
different prayer namely, seeking conversion of dismissal into discharge.
4. This Court is of the view that the petitioner cannot approach different
High Courts just because he seeks a different relief. In essence the cause of
action is the same.
5. Moreover the said cause of action had arisen in the year 2001.
6. The Supreme Court in the case of Chairman/Managing Director,
U.P. Power Corporation Ltd. & Ors. vs. Ram Gopal, 2020 SCC OnLine SC
101, has held that delay defeats equity and law favours the vigilant and not
the indolent. The relevant portion of the said judgment is reproduced
hereinbelow:-
"16. Whilst it is true that limitation does not strictly apply to
proceedings under Articles 32 or 226 of the Constitution of
India, nevertheless, such rights cannot be enforced after an
unreasonable lapse of time. Consideration of unexplained
delays and inordinate laches would always be relevant in writ
actions, and writ courts naturally ought to be reluctant in
exercising their discretionary jurisdiction to protect those who
have slept over wrongs and allowed illegalities to fester.
Fence sitters cannot be allowed to barge into courts and cry
for their rights at their convenience, and vigilant citizens
ought not to be treated alike with mere opportunists. On
multiple occasions, it has been restated that there are implicit
limitations of time within which writ remedies can be
enforced. In SS Balu v. State of Kerala, this Court observed
thus:
"17. It is also well-settled principle of law that "delay
defeats equity". ...It is now a trite law that where the writ
petitioner approaches the High Court after a long delay,
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:20.12.2021
18:16:31
reliefs prayed for may be denied to them on the ground of
delay and laches irrespective of the fact that they are
similarly situated to the other candidates who obtain the
benefit of the judgment." (emphasis supplied)
17. Similarly, in Vijay Kumar Kaul v. Union of India this
Court while considering the claim of candidates who, despite
being higher in merit, exercised their right to parity much
after those who were though lower in merit but were diligently
agitating their rights, this Court observed that:
"27. ...It becomes an obligation to take into consideration
the balance of justice or injustice in entertaining the
petition or declining it on the ground of delay and laches.
It is a matter of great significance that at one point of time
equity that existed in favour of one melts into total
insignificance and paves the path of extinction with the
passage of time."
7. Accordingly, the present writ petition, is dismissed on the ground of
delay and laches.
MANMOHAN, J
NAVIN CHAWLA, J
DECEMBER 17, 2021
js
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:20.12.2021
18:16:31
