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ASHWANI KUMAR versus THE STATE OF PUNJAB & ORS.

High Court of Punjab and Haryana, Chandigarh

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Ashwani Kumar v. The State of Punjab & Ors. - CWP-3712-2006 [2006] RD-P&H 1598 (9 March 2006)

In the High Court of Punjab & Haryana at Chandigarh.

Civil Writ Petition No.3712 of 2006.

Date of decision : 9.3.2006.

Ashwani Kumar vs. The State of Punjab and others.

Coram: Hon'ble Mr. Justice J.S.Narang.

Hon'ble Ms. Justice Kiran Anand Lall.

Present: Mr.D.R.Sharma,Advocate,for the petitioner.

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Judgment

Kiran Anand Lall,J.

The petitioner was a Kanungo. He was dismissed from service by the Director, Consolidation, Punjab, vide order dated 17.10.2000, Annexure P3. In the statutory appeal filed by him, the Financial Commissioner took a lenient view and reduced the punishment of dismissal from service to that of removal from service, vide order dated 9.1.2002, Annexure P5.

The petitioner has challenged both the said orders, before this court.

The petition is liable to be dismissed on the short ground that it suffers from the vice of delay and laches. The impugned order of the appellate authority, Annexure P5, was passed on 9.1.2002 and that of the Director was passed as early as on 17.10.2000. In the absence of any special circumstances, this court would definitely refuse to exercise its extra-ordinary powers under Article 226 of the Constitution of India, while entertaining such a delayed petition.

On merits, too, the petitioner has no case. He had got delivered possession of land to Randhir Singh etc. from Harmel Singh etc. inspite of the fact that there was a stay order dated 9.11.1998 issued by the civil court. He was duly Civil Writ Petition No.3712 of 2006. (2) *****

charge-sheeted for this lapse and a regular departmental inquiry was held. It was, thereafter, on the basis of report of the inquiry officer, that the competent authority accepted the verdict of guilt recorded against him, by the inquiry officer, and awarded the punishment of dismissal, which was, later on, reduced to that of removal from service, in appeal.

In view of the above, the petition is liable to be dismissed in limine, and we so order.

(Kiran Anand Lall)

Judge.

9.3.2006. (J.S.Narang)

vs. Judge.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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