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Lal Bahadur Singh v. State Of U.P. Thru' Director Geneal Of Police & Others - SPECIAL APPEAL DEFECTIVE No. 230 of 2007 [2007] RD-AH 4551 (15 March 2007)


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Chief Justice's Court

Special Appeal No. 230 of 2007

  Lal Bahadur Singh vs. State of U.P. and others.


Counsel for the appellant: Mr. S.B. Singh

Counsel for the respondents: Mr. G.C. Upadhyaya,SC


Hon'ble H.L. Gokhale, CJ

Hon'ble Ashok Bhushan, J

1. Heard Mr. S.B. Singh, learned counsel for the appellant and learned Standing Counsel appearing for the respondents.

2. The appellant was working as a constable in the State police. He joined in the year 1979. On account of frequent absence, he was proceeded departmentally and then after a charge sheet and inquiry, he was dismissed from service on 12.11.1991.

3. The appellant preferred an appeal and thereafter a revision. The appeal was rejected on 29.7.1993 and revision on 30.7.1994.

4. The petition filed by the appellant in the year 2006 has, therefore, come to be dismissed on account of latches.

5. Mr. Singh, learned counsel appearing for the appellant submits that the appellant though he preferred a revision earlier which is as per the procedure of the police authorities, he had not received the appellate order. His case is that he received it on 26.11.2000.

6. Even if we consider this submission, more than six years have gone before he filed the writ petition. Undoubtedly, the writ petition suffers from latches. There is nothing wrong in the order passed by the learned Single Judge. The appeal will stand dismissed.

7. Although the appeal is dismissed, we record the request of Mr. Singh, learned counsel for the appellant that if the terminal dues of the appellant are not released to him which may consist of provident fund and other entitlement as per the rules applicable, the same should be released to him at the earliest. The Government counsel states that in the event, the same are not released to him, necessary action will be taken in that behalf.


RK/               (Chief Justice)

         (Ashok Bhushan,J)



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