M SUBEDAR Vs. UOI

JUDGEMENT

(1.) THIS LPA challenges the order dated 20.4.2005 passed by the learned Single Judge dismissing the writ petition filed by the petitioner in the year 2005, in limine. The learned Single Judge has noted that the cause of action had arisen in January 2002 when the appellant was not permitted to sign the attendance register and his successor took charge as Chief Medical Officer. The petitioner sought to file the writ petition only in the month of August, 2005. In our view, the learned Single Judge is fully justified in dismissing the writ petition on this ground.

(2.) LEARNED counsel for the appellant has sought to file an affidavit stating that the file of the case was entrusted to the Advocate and it got mixed up with other files and accordingly the period of delay be condoned. Even if this explanation is accepted, the affidavit tendered in the court shows that the petitioner contacted the Advocate, only in the month of March 2003. The cause of action had arisen in January, 2002. The fact that the petitioner approached the Advocate after a year, in our view, justifies the order of the learned Single Judge, in the facts of this case. Accordingly, there is no merit in this appeal. Dismissed.