ASHOK KUMAR YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard learned counsel for the parties and perused the application for condonation of delay of 1536 days under Section 5 of the Limitation Act in filing this writ appeal and also averments of writ appeal.

(2.) IT appears from averments made therein that the applicant was discharged from service by the Commandant, 24 Assam Rifles vide order dated 07.09.2007 on the ground that he was held to be an incorrigible offender soldier. Thereafter, he filed first writ petition on 30.01.2008 being WP(C) No. 8 (SH) 2008, which was dismissed on 09.06.2010. Thereafter, he filed a fresh WP(C) No. 341(SH)2011 for grant of pension and gratuity. That writ petition was also dismissed on 05.10.2012. On 27.03.2014, the applicant/appellant filed writ appeal, namely, WA No. 34 of 2014, which was dismissed on 16.06.2014. After dismissal of writ appeal, the applicant/appellant again filed a writ appeal with application for condonation of delay challenging earlier judgment and order dated 09.06.2010, passed by learned Single Judge in WP(C) No. 8(SH) of 2008. As per paragraph 11 of application, for condonation of delay, the delay calculated by the applicant/appellant is 1536 days in filing writ appeal, which according to him is not at all intentional but has occurred under the circumstances as detailed in the said paragraph, which is reproduced as under:

(3.) THAT the applicant assailing the judgment and order dated 9.6.2014 in WP(C) No. 8 of 2008 chose to prefer another WP(C) No. 341(SH) 2001 and on its dismissal vide judgment and order dated 5.10.2012, preferred the WA No. 34 of 2014 impugning the judgment and order dated 5.10.2012, the writ appeal was also disposed of vide judgment and order dated 16.6.2014. The applicant after about four years from the date of judgment and order dated 9.6.2010 in the WP(C) No. 8 of 2008 has preferred the present writ appeal impugning the said judgment and order seeking condonation of delay of 1565 days. An exercise which amounts to abusing the process of law, as such this application is liable to be rejected."