BALAI CHAND KUNDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against judgment and order dated January 8, 1986 passed by a learned single Judge of this Court whereby and where-under the writ application filed by the writ petitioner was dismissed in limine on the ground of delay. The petitioner in paragraph 28 of the writ application has stated thus:

(2.) The petitioner in the aforementioned writ application questioned the order of punishment which is to the following effect:

(3.) Keeping in view the nature of punishment imposed upon the writ petitioner, we are of the opinion that apart from the fact that the petitioner has assigned some reasons for filing of the writ application after some time, it is not a fit case wherein the writ application should have been dismissed on the ground of delay alone, inasmuch as, in the event the petitioner succeeds on merit, the writ Court keeping in view the inaction on his part, could mould relief.