Mahesh Pratap Singh Chandel vs The State Of Madhya Pradesh
2021 Latest Caselaw 9038 MP

     HIGH COURT OF MADHYA PRADESH : JABALPUR
                   (Division Bench)


                            W.A. No.432 of 2018

                       Mahesh Pratap Singh Chandel
                                -Versus-
                         The State of M.P. & ors.

_______________________________________________________
CORAM :
      Hon'ble Shri Justice Ravi Malimath, Chief Justice.
      Hon'ble Shri Justice Vijay Kumar Shukla, Judge.

Shri Vivek Baderiya, Advocate for the appellant.
Shri B.D. Singh, Govt. Advocate for the respondents/State.
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                               JUDGMENT

(Jabalpur, dtd.21.12.2021)

Per : Vijay Kumar Shukla, J.-

The present intra-court appeal has been filed under

Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand

Nyaypeeth to Appeal) Adhiniyam, 2005 being aggrieved by the

order dated 22-11-2017 passed by the learned Single Judge in W.P.

No.13829 of 2017, whereby the writ petition filed by the appellant

has been dismissed on the ground of delay and laches.

2. The appellant has preferred the writ petition seeking a

direction to the respondents to take him back in service with all

consequential benefits and also to pay his salary which has not been

paid to him.

3. The services of the appellant were terminated on 25-10-

2009. He worked between 26-8-2008 to 25-10-2009. The writ

petition was filed almost after a period of 8 years from the date of

his alleged oral termination. The learned Single Judge has

dismissed the writ petition on the ground of delay and laches. The

appellant has failed to give any cogent and plausible explanation for

such a huge delay and laches in filing the writ petition challenging

his termination.

4. We do not perceive any illegality in the order passed by

the learned Single Judge in W.P. No.13829 of 2017 in dismissing the

writ petition on account of delay and laches. Hence, no interference

is called for in the present intra-court appeal. Accordingly, the same

is dismissed.

Pending interlocutory application(s), if any, also stands

disposed of.

        (Ravi Malimath)                               (Vijay Kumar Shukla)
          Chief Justice                                       Judge


ac.

Digitally signed by AJAY KUMAR CHATURVEDI Date: 2021.12.23 13:07:10 +05'30'