B K SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER is the appellant. Appellant has approached this Court seeking the following reliefs:

(2.) BRIEFLY put, the case of the appellant is as follows: The appellant was appointed as an Instructor in Orientation & Mobility at NIVH, Dehradun. The expansion of NIVH is 'National Institute for Visually Handicapped'. The said Institute is a society registered under the Societies Registration Act and is, apparently, under the control of the Government of India. In 2009, the appellant came to be transferred from Dehradun to Kolkata by order dated 23.01.2009. The appellant filed a writ petition (Writ Petition No. 1141 of 2010 (S/S), which was dismissed on 14.12.2010 on the ground of laches. The cause of action for the present writ petition is the issuance of the order dated 17.09.2012. The said order reads as follows:

(3.) THE writ petition is filed on the basis that the Director was not empowered under the byelaws of the society to pass such an order and such an order can be passed only by the Government of India. The learned Single Judge was of the view that no indulgence can be granted to the appellant in both equity as well as in law. He referred to the earlier writ petition, which was dismissed in the year 2010 on the ground of laches. Thereafter, the learned Single Judge has passed the following order: