GHANSHYAM DAS Vs. STATE OF U P

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This petition is directed against an order dated 28.2.2002 by which the integrity of the petitioner has been withheld for the year 1996-97 with the stoppage of two annual increments permanently.

(3.) Learned Counsel for the respondent has raised a preliminary objection that the writ petition is hit by laches as it has been filed more than four years after the passing of the order. The explanation given in the writ petition is that he was served with the aforesaid impugned order on 26.3.2002 and he had made a representation on 25.5.2002. In the supplementary affidavit it is contended that after the said representation another representation was given on 8.12.2004. It is also stated that the aforesaid order alongwith other entries were made basis of an order dated 30.7.2005 by which the petitioner was compulsorily retired from service and thus the order of compulsorily retirement was challenged by him in writ petition No. 61474 of 2005 wherein he had prayed that his representation may be decided but the writ Court dismissed his petition vide order dated 5.5.2006 and since the cause of action is different, this petition should be heard on merit.