Director General vs Dhruba Charan Behera
2023 Latest Caselaw 16055 Ori

Orissa High Court

Director General vs Dhruba Charan Behera on 15 December, 2023

Bench: B.R. Sarangi, Murahari Sri Raman

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.A. No. 2998 of 2023

            Director General, CISF, Central           ....        Appellants
            Industrial Security Force, Department
            of Home Affairs and others
                               Mr. B.K. Pardhi, Central Government Counsel
                                        -versus-
            Dhruba Charan Behera                      ....       Respondent


                         CORAM:
                         ACTING CHIEF JUSTICE DR. B.R. SARANGI
                         MR. JUSTICE MURAHARI SRI RAMAN

                                          ORDER

Order No. 15.12.2023 I.A. No.8674 of 2023 and W.A. No.2998 of 2023

01. 1. This matter is taken up through Hybrid mode.

2. The above Interlocutory Application has been filed for condonation of delay of 203 days in filing the writ appeal.

3. As it appears, the order impugned has been passed on 18.04.2023, the writ appeal has been filed on 07.12.2023 and in the meantime, more than six months have passed. Therefore, the writ appeal suffers from delay and laches.

4. In that view of the matter, this Court is not inclined to entertain this writ appeal at this belated stage, as the writ appeal suffers from delay and laches, in view of the judgment/order of this Court in the case of State of Odisha v. Surama Manjari Das (in W.P.(C) No.15763 of 2021 dismissed on 16.07.2021), which has been

confirmed by the Apex Court in SLP (C) Diary No.9259 of 2023 vide order dated 05.04.2023.

5. Accordingly, the I.A. merits no consideration and the same is hereby dismissed. Consequently, the writ appeal is also dismissed.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE

(M.S. RAMAN) JUDGE S. Behera/ M. Panda

Location: High Court of Orissa, Cuttack