Patna High Court
Subodh Kumar Singh vs The State Of Bihar on 4 March, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7710 of 2021
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Subodh Kumar Singh son of late Bindeshwar Prasad Singh resident of vil-
lage- Chandpura, P.S.- Sahpur Patori, Dist- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Inspector General of Police cum Director General of Police, State of Bi-
har, Sardar Patel Bhawan, Bailey Road, Patna
3. The Additional Inspector General of Police, CID, Bihar, Sardar Patel
Bhawan, Bailey Road, Patna.
4. The Deputy Inspector General of Police, CID, Bihar, Patna
5. The Additional Inspector General of Police, Economic Offence Unit, Bihar,
Patna
6. The State of Jharkhand through the Additional Inspector General of Police,
CID, Jharkhand, Ranchi
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ashok Kumar Choudhary
For the Respondent/s : Mr. Lalit Kishore (AG)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 04-03-2022
The matter has been heard via video conferencing
due to circumstances prevailing on account of the COVID-19
pandemic.
In the instant petition, petitioner has prayed for the
following relief/reliefs:
"That this is an application for
the issuance of an appropriate
writ/writs, order/orders or direc-
tion/directions commanding the re-
Patna High Court CWJC No.7710 of 2021 dt.04-03-2022
spondent concern with direction to
make payment of salary from
23.12.2005 to 05.05.2006 total 135
days which has been illegally withheld
without any formal order or outcome
of any departmental action known to
petitioner.
And
Further a direction may also be
issued to pay a proper interest upon
the abovementioned dues amount with
an appropriate cost of the litigation as
your Lordships may deem fit and
proper in the facts and circumstances
of this case."
The petition is hopelessly barred by limitation and laches.
Apex Court, in entertaining writ petition under Article 226, held
that one of the principle which is to be examined is delay and
laches in the case of State of Jammu and Kashmir Vs. R.K.
Zalpuri and others reported in AIR 2016 SC 3006, Paragraph-
20, which is held as under:
"20. Having stated thus, it is useful to
Patna High Court CWJC No.7710 of 2021 dt.04-03-2022
refer to a passage from City and Industrial
Development Corporation Vs. Dosu
Aardeshir Bhiwandiwala and others {(2009)
1 SCC 168}, wherein this Court while
dwelling upon jurisdiction under Article 226
of the Constitution, has expressed thus:-
"The Court while exercising its juris-
diction under Article 226 is duty-bound to
consider whether:
(a) Adjudication of writ petition
involves any complex and disputed question
of facts and whether they can be
satisfactorily resolved;
(b) The petition reveals all material
facts;
(c) The petitioner has any alternative
or effective remedy for the resolution of the
dispute;
(d) Person invoking the jurisdiction is
guilty of unexplained delay and laches;
(e) Ex facie barred by any laws of
limitation;
Patna High Court CWJC No.7710 of 2021 dt.04-03-2022
(f) Grant of relief is against public
policy or barred by any valid law; and
host of other factors".
In the light of these facts and circumstances and the
grievance of the petitioner is relates back to 23.12.2005 to
05.05.2006, the petitioner is not entitled to relief as he had cause
of action on 13.07.2006, the date on which his suspension order
was revoked.
Hence, writ petition stands dismissed.
(P. B. Bajanthri, J)
Ankit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.03.2022
Transmission Date NA
