JAGDISH versus HIGH COURT OF JUDICATURE AND ALLAHABAD AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Jagdish v. High Court Of Judicature And Allahabad And Others - WRIT - A No. 3145 of 2007 [2007] RD-AH 1167 (18 January 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

The petitioner seeks the quashing of the adverse entries awarded to him in the year 2002-03, 2003-04 by the District Judge Basti as well as the orders dated 27th February, 2004 and 16th July, 2005 by which the representations filed by the petitioner against the aforesaid adverse entries were rejected.

This petition is highly belated and the only paragraph which seeks to explain the delay is as follows:-

"That after the receipt of the communication letter dated 27.2.2004 and 16.7.2005. the petitioner was advised by some of his colleagues not to file writ petition which may incur displeasure and this situation continued for a long time and the petitioner could not make up his mind to file the writ petition but having considered that the impugned adverse entries will create practical hurdle in his promotion and will spoil his whole service career the petitioner contacted his counsel at Allahabad on 18.7.2006 and got the writ petition prepared for being filed without any further delay. The delay occurred in filing the writ petition is bonafide and deserves to be condoned, in the interest of justice."

We are not convinced with the reply furnished by the petitioner for explaining this long delay. In fact, the reply merely highlights the inability of the petitioner to take any decision.

The writ petition is, therefore, dismissed on the ground of laches.  

Date:18.1.2007

NSC-3145

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