Constable 23 N.P. Ganesh Prasad vs State Of Uttarakhand & Others
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Uttarakhand High Court

Constable 23 N.P. Ganesh Prasad vs State Of Uttarakhand & Others on 23 May, 2025

                                                      2025:UHC:4353-DB


       HIGH COURT OF UTTARAKHAND AT NAINITAL
     HON'BLE THE CHIEF JUSTICE MR. G. NARENDAR
                         AND
          HON'BLE SRI JUSTICE ALOK MAHRA
                   23rd MAY, 2025

            WRIT PETITION (S/B) NO. 163 OF 2025
Constable 23 N.P. Ganesh Prasad                  ......Petitioner
Versus
State of Uttarakhand & others                      .....Respondents

Counsel for the Petitioner   :   Mr. Naman Kamboj and Mr. Ankush
                                 Kumar Tyagi, learned counsel.
Counsel for the State        :   Mr. B.S. Parihar, learned Additional
                                 Chief Standing Counsel.


JUDGMENT :

(per Mr. G. Narendar, C.J.)

Heard learned counsel for the petitioner and

learned Standing Counsel for the State.

2. We have perused the order impugned. At the

very outset, we express our unhappiness with the approach

of the Tribunal. The law of limitation, in one breath, is said

to be strictly as applicable as if in the case of a Suit and in

the same breath, it says that the law of limitation is not

strictly applicable. Having observed so, the Tribunal being

the last fact finding authority in the hierarchy, keeping in

view the facts recorded in Paragraph Nos.2.2 to 2.6, the

time spent before this Court, the Tribunal could have very-

well exercised its resources to deal with the matter on

merits. More so, when the order under challenge was one

of removal from service and which meant the very

2025:UHC:4353-DB

livelihood of the petitioner have been taken away. In that

background, the plea that he did not possess requisite

financial resources to further litigate cannot be discarded or

brushed aside.

3. In that view, the marginal delay of 195 days is

condoned, the impugned order is set-aside and the matter

is remitted back to the Tribunal for consideration and

disposal on merits.

4. The writ petition stands ordered accordingly.

5. There shall be no order as to costs.

6. Pending application, if any, also stands disposed

of.

________________

G. NARENDAR, C.J.

_____________ ALOK MAHRA, J.

Dt: 23rd May, 2025 NISHANT

NISHANT

DN: c=IN, o=HIGH COURT OF UTTARAKHAND,

2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63 133605ca57cdc00ec2b7462b452b326,

KUMAR postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F 7C9C20892BC63A055CFD1961690560487E670 C, cn=NISHANT KUMAR Date: 2025.05.29 11:31:20 +05'30'