SHANKERAIYA CHINTAL Vs. CHHATTISGARH ELECTRICITY BOARD AND ORS

JUDGEMENT

(1.) The present petition filed in the year, 2002 is directed against the order dated 30.08.1979 whereby the services of the petitioner was treated as deemed to have resigned.

(2.) After hearing the counsel for the parties, it appears that this petition suffers from inordinate delay and laches as the cause of action arose on 30.08.1979 whereas, this petition has been filed with inordinate delay of about 23 years on 15.02.2002. Counsel for the petitioner has not been able to explain the delay in approaching the court for invoking the writ jurisdiction.

(3.) The question of delay and laches came to be considered by the Supreme Court in case of State of Uttaranchal and Another v. Shiv Charan Singh Bhandari and Others, 2013 12 SCC 179 in which the court has declined to exercise extraordinary jurisdiction in case the petitioner invokes jurisdiction of court with inordinate delay, and held as under :