P.Seetharam Naik vs The Commissioner Of Police
2022 Latest Caselaw 3409 Tel

      THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI


                WRIT PETITION NO.27726 OF 2022


                              ORDER

This Writ Petition has been filed by the petitioner seeking

consideration of his case for reinstatement into service as Home Guard

with all consequential benefits by setting aside the order dt.11.09.2007

removing him from service.

2. Learned counsel for the petitioner, Sri J. Konda Reddy, submits

that without issuing any notice to the petitioner, the petitioner was

removed from service and therefore the impugned order dt.11.09.2007 is

bad in law.

3. Learned Special Government Pleader appearing for the

respondents submits that the removal order was passed in the year 2007,

whereas the petitioner approached this Court in the year 2022 and no

reasons have been given by the petitioner explaining the reasons for the

inordinate delay and therefore, the Writ Petition has to be dismissed on

the ground of delay.

W.P.No.27726 of 2022

4. The learned counsel for the petitioner however submits that the

petitioner had been running around the authorities and only when he was

orally informed that his case cannot be considered, he has approached

this Court by filing the present Writ Petition.

5. After hearing both the learned counsel, this Court finds that the

petitioner was removed from service for unauthorised absence from

duties, disobeying superiors' orders and being irresponsible towards his

duties and the petitioner along with three (3) others was removed from

service on 11.09.2007. The petitioner has not filed any appeal or review

or revision, but has approached this Court directly in the year 2022 by

filing the present Writ Petition which is clearly with inordinate delay.

6. The learned counsel for the petitioner has placed reliance upon

the Judgment of this Court in W.P.No.19455 of 2014 and batch

dt.20.04.2018 in support of his case, however, this Court finds that the

said judgment would apply only if the case is considered on merits and

since this writ petition has been filed with long delay and without giving

any reasons for the delay and without explaining reasons for his

unauthorised absence from duties, this Court does not find any merit in

this Writ Petition.

W.P.No.27726 of 2022

7. The Writ Petition is accordingly dismissed at the admission stage

on account of inordinate delay. No order as to costs.

8. Pending miscellaneous petitions, if any, in this Writ Petition shall

stand closed.

___________________________ JUSTICE P. MADHAVI DEVI

Date: 05.07.2022 Svv