Nageshwar Prasad Singh vs The Union Of India
2024 Latest Caselaw 5324 Patna

Patna High Court

Nageshwar Prasad Singh vs The Union Of India on 8 August, 2024

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Alok Kumar Pandey

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.1593 of 2019
                                          In
                    Civil Writ Jurisdiction Case No.10700 of 2013
     ======================================================
     Nageshwar Prasad Singh Son of Late Giro Rai Resident of Village - Inthari,
     Police Station - Naya Ram Nagar, District - Munger.

                                                               ... ... Appellant/s
                                      Versus
1.   The Union of India Through the Director General, Railway Protection Force,
     New Delhi.
2.   The Chief Security Commissioner Railway Protection Force, E.C. Railway ,
     Hajipur, District Vaishali.
3.   The Divisional Security Commissioner Railway Police Force, Danapur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :     Mr.Ram Vinay Pd. Singh (Sanjay)
     For the Union of India :     Mr.Alok Kumar, CGC
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 08-08-2024 The Appellant has assailed the order of the learned single

judge dated 05.11.2019 passed in CWJC No.10700 of 2013. The

Appellant-Nageshwar Prasad Singh while working as a Constable in

the Railway Protection Force, he was subjected to disciplinary

proceedings for remaining unauthorized absence. Departmental

inquiry was concluded in imposition of penalty of removal from

service on 18.03.1994 by the Divisional Secretary Commissioner of

the Force at Danapur. Feeling aggrieved and dissatisfied with the

order of removal, he had invoked remedy of appeal before the

appellate authority-Divisional Chief Secretary Commissioner who

had rejected the appellant's appeal on 18.09.1995. Thereafter, Patna High Court L.P.A No.1593 of 2019 dt.08-08-2024

appellant slept over the matter till 2013. There is delay of about more

than 18 years. The learned Single Judge has dismissed on the

maintainability.

2. Hon'ble Supreme Court in the case of State of Jammu and

Kashmir Vs. R.K. Zalpuri and Ors. reported in AIR 2016 Supreme

Court 3006 (para no. 20) and also in the case of Mrinmoy Maity Vs.

Chhanda Koley and others reported in 2024 SCC Online SC 551

(para nos. 10 to 14) held that writ court is required to examine delay

and laches before entertaining a writ petition. The principle laid

down in the aforementioned decision holds good in the present

appeal. Accordingly, the LPA stands dismissed while affirming the

order of the learned Single Judge dated 05.11.2019 passed in CWJC

No. 10700 of 2013.

3. Pending I.A.(s) , if any, stands disposed of.

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J) vashudha/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          14.08.2024
Transmission Date       NA