Union Of India vs Hemant Kumar Gupta S/O Shri ...
2023 Latest Caselaw 3242 Raj/2

[2023:RJ-JP:16865-DB]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                D. B. Civil Writ Petition No. 4775/2023

1.       Union of India, through its Secretary to the Ministry of
         Defence, South Block, New Delhi.
2.       Chief of Army Staff, Indian Army, Integrated Headquarter
         of The Ministry of Defence (Army), DHQPO, New Delhi-1.
3.       General Officer Commanding In Chief, South Western
         Command, C/o 56 APO, PIN-908546
4.       Brigadier (Administration) Headquarter, South Western
         Command, C/o 56, APO, PIN-908546
                                                    ----Petitioners/Respondents

Versus

1. Hemant Kumar Gupta S/o Shri Mahendra Kumar Gupta, Aged About 32 Years, R/o 27, Deep Vihar, Near Dadi Ka Phatak, Benad Road, Jhotwara, Jaipur-12 Presently Working As L.D.C. in the O/o H.Q. South Western Command, C/o 56, APO, Pin-908646-Group C Employee.

2. Dashrath Singh Nathawat S/o Gulab Singh Nathawat, Aged About 33 Years, R/o Village Udaipura Via Chomu, Jaipur, Presently Working As Messenger in The O/o H.Q. South Western Command, C/o 56 APO, Pin-908646

3. Deepak Gothwal S/o Prabhu Dayal Gothwal, Aged About 34 Years, R/o House No. 245-A, Surya Nagar, Bharat Marg, Near Vivek Public Senior Secondary School, Jaipur, Presently Working As Steno Grade-Ii, O/o H.Q. South Western Command, C/o 56, APO, Pin-908646

4. Jeevraj Singh S/o Mr. Prem Singh, Aged About 33 Years, R/o B-17, Marudhar Vihar, Khatipura, Jaipur, Presently Working As Messenger in the O/o H.Q. South Western Command, C/o 56, APO, Pin-908646

5. Nathu Ram Meena S/o Shri Kalu Ram Meena, Aged About 37 Years, R/o Village Harwar, Tehsil Amer, Presently Working As Safaiwala in the O/o H.Q. South Western Command, C/o 56, APO, Pin-908646

6. Pradeep Kumar S/o Shri Prithvi Singh, Aged About 34 Years, R/o 251, Bhartendu Nagar, Khatipura, Jaipur-12. Presently Working As L.D.C. in the O/o H.Q. South Western Command, C/o 56, APO, Pin-908646

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7. Rajendra Prasad Meena S/o Shri Ramhet Meena, Aged About 36 Years, R/o D-217, Prem Nagar, Drapaudi Marg, Jhotwara, Presently Working As LDC in the O/o H.Q. South Western Command, C/o 56, APO, Pin-908646

8. Shiv Shakti Chamola S/o Shri Govind Ram, Aged About 31 Years, R/o 202, CPWD Quarter, Nirman Vihar, Vidhyadhar Nagar, Jaipur Presently Working As Messenger in the O/o H.Q. South Western Command, C/o 56, APO, Pin-908646

9. Vijay Singh S/o Vikram Singh, Aged About 32 Years, R/o C-61, Amar Nagar, Khatipura, District Jaipur-12 Presently Working As Messenger, Group D in the O/o H.Q. South Western Command, C/o 56, APO, Pin-908646

----Respondents

For Petitioner : Mr. P.C. Sharma Advocate. For Respondents : Mr. Amit Mathur Advocate.

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

07/08/2023

1. This writ petition has been filed by the petitioners

challenging order dated 29.05.2018 passed by Central

Administrative Tribunal, Jaipur Bench, Jaipur (hereinafter referred

to as ' the Tribunal') by which the respondents' original application

challenging order of their dismissal from service was allowed.

The writ petition is bereft of any statement of fact as to

why a long delay of five years had taken place in filing of the writ

petition. During the course of arguments, it is stated that when

the order of the Tribunal was not complied with, contempt petition

had to be filed and only then, reinstatement of the respondents

was ordered. Therefore, in these circumstances, considering that

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this is a petition under Article 227 of the Constitution of India

against the order passed by the Tribunal and also keeping in view

the Constitution Bench judgment of the Hon'ble Supreme Court in

the case of L. Chandra Kumar Vs. Union of India & Others

(1997) 3 SCC 261, there being no explanation for delay in filing

of the writ petition, we are not inclined to interfere with the order

passed by the Tribunal only on the ground of delay and latches.

Writ petition is, therefore, dismissed.

(PRAVEER BHATNAGAR),J (MANINDRA MOHAN SHRIVASTAVA),J

MANOJ NARWANI /7

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