LADDAN HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is aggrieved by an order passed by the Ministry of External Affairs, rejecting petitioner's request for permission under Section 86 of the Code of Civil Procedure for instituting proceedings against the Embassy of Kuwait.

(2.) Petitioner was employed as a Security Guard with the Kuwait Embassy from June, 1973. He continued in this position till 30th of June, 1999, when his services were terminated. Petitioner relies on letters written by the Embassy of Kuwait, acknowledging the good work of the petitioner and a certificate issued stating that he discharged his functions honestly and with a sense of responsibility. Admittedly, petitioner has been paid a sum of Rs. 2,14,625.00 towards dues payable to him on termination of his service in terms of the service contract with the Embassy of Kuwait.

(3.) Learned Counsel for the petitioner states that initially his request was not being considered, which led him to file Civil Writ Petition No. 2397 of 2000, wherein a direction was issued to dispose of petitioner's application under Section 86 of the Code of Civil Procedure. Petitioner's grievance now being agitated is that on 29.5.2000, he received a letter from the Deputy Chief of Protocol, asking him to furnish details of payments received from the Embassy as in its absence they were not in a position to examine the exact position in this regard. Petitioner states that his information was supplied by him vide his letter dated 22.6.2000, but prior to the said date his application was rejected vide letter dated 12.6.2000. Petitioner, who had complained of non-disposal of his application under Section 86 of the Code of Civil Procedure and filed a writ petition for that purpose, cannot complain that respon- dents have disposed of the application without awaiting the information which he was supposed to furnish. The default, if any, lies with the petitioner only.