DOMENDRA KUMAR MADHARIA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present writ petition is assailing the order dated 31.1.2008 (Annexure P-1) whereby the Petitioner's services have been terminated invoking Clause 10.8 of the Chhattisgarh Civil Services (Classification, Control and Appeals) Rules, 1966.

(2.) This Court at the outset is not inclined to entertain the present writ petition on the sole ground of it suffering from delay and laches. In addition, the impugned order was an appealable order against which an appeal does not seem to have been preferred by the Petitioner.

(3.) So far as the delay and laches are concerned, the law in this regard is by now well settled by a series of decisions of the Hon'ble Supreme Court. The question of delay and laches came to be considered recently by the Supreme Court in case of State of Uttaranchal and Another v. Shiv Charan Singh Bhandari and Others 1 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 :