LAWS(MPH)-2011-9-55

MUNNI SHRIVAS Vs. STATE OF M P

Decided On September 05, 2011
MUNNI SHRIVAS (KU.) Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) By the impugned order dated 6.7.2011, the learned Single Judge has dismissed the writ petition of the petitioner/appellant on the ground of laches.

(2.) The order under challenge by the writ petitioner before the learned Single Judge was dated 17.8.2004 by which a departmental punishment of stoppage of two increments has been inflicted and the appeal had been dismissed by order dated 30.9.2005. The writ petition was filed in 2011 and therefore the learned Single Judge was of the impression that the writ petition, which was filed after six years from the date of appellate order, suffered from laches.

(3.) In paragraph No.4 of the writ petition filed before the learned Single Judge, it was mentioned that a review petition has been preferred by the writ petitioner on 12.10.2005 before the appellate authority which had dismissed the appeal by order dated 30.9.2005. It was also stated in the said paragraph of the writ petition that the review is still pending and therefore there was no delay in filing the writ petition.