MAHANGI RAM Vs. STATE OF U P

JUDGEMENT

(1.) This special appeal arises out of judgment and order dated 05.01.2012 passed in Writ Petition No. 2346 (SS) of 2011, Constable 3105 Mahangi Ram Versus State of U.P. and others.

(2.) The petitioner/appellant was appointed Constable in Provincial Armed Constabulary (P.A.C.). In 1973, the jawans in P.A.C. revolted against the Government, as a result of which, the services of a large number of personnel of P.A.C. was dispensed with. The petitioner was dismissed vide order dated 23.08.1973 made under the proviso to Article 311(2)(c) of the Constitution of India. The petitioner had assailed the order dated 19.09.1998 passed by Commandant, 27th Battalion, P.A.C., Sitapur, rejecting the petitioner's representation claiming reinsta9866281816tement and to set aside the order of dismissal dated 23.08.1973.

(3.) Learned Single Judge after appreciating the facts narrated in the writ petition, dismissed the writ petition on the ground of unexplained latches i.e. the petitioner approached this Court after a delay of 23 years firstly in 1997 and thereafter against the order dated 19.09.1998, rejecting the representation the petitioner, after lapse of 13 years.