LAWS(DLH)-2009-5-500

JASWANT SINGH Vs. NDPL

Decided On May 19, 2009
JASWANT SINGH Appellant
V/S
NDPL Respondents

JUDGEMENT

(1.) THE present appeal arises out of the order of the learned single Judge dated 23rd March, 2009. Briefly stated the facts of the case are as follows:

(2.) THE appellant (original petitioner in the writ petition) had sought for quashing of the order dated 5th April, 2002 passed by the erstwhile Delhi Vidhyut Board, whereby the penalty of reduction of pay by three stages with cumulative effect was imposed on the appellant as also quashing of order dated 20th January, 2005 of the respondent whereby an appeal filed by the appellant against the order of penalty was also dismissed.

(3.) AS held by the Supreme Court in Harish Uppal v. Union of India : 1994 (Supp) 2 SCC 195, that the contention that because of latches no third party rights have intervened and that by granting relief no other persons rights are going to be effected is only one of the consideration which the court takes into account while determining whether a writ petition suffers from latches. It is a well settled policy of law that parties should pursue their rights and remedies promptly and should not sleep over their rights. That is the whole policy behind the Limitation Act and other rules of limitation. If they chose to sleep over their rights and remedies for an inordinately long time, the Court may well choose to decline to interfere in its discretionary jurisdiction under Article 226 of the Constitution of India.