KRISHAN DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner was appointed Office Kanungo in May 1960 against a permanent vacant post. In 1963 he was placed under suspension on account of a criminal proceeding against him. He was tried and was acquitted on March 29, 1966 by the Assistant Sessions Judge, Mahasu. Consequently the Collector, Mahasu reinstated the petitioner as Office Kanungo.

(2.) ON August 19, 1966 the Collector made an order reverting him to his substantive post of Patwari. It was pointed out that the petitioner's candidature as Kanungo had been set aside by the Financial Commissioner by his order dated December 6, 1962, and that he had not been considered for acceptance as Kanungo again and was no longer an accepted Kanungo candidate. The petitioner represented against the order before the Collector and kept on making representations in the matter. The last representation sent by him is dated September 6, 1971. No reply was received by the petitioner to any of the representations. On September 24, 1971 the petitioner filed the present writ petition. The petitioner prays for relief under Article 226 of the Constitution of India against the order withdrawing the candidature of the petitioner as Kanungo and against the order of reversion.

(3.) THE petitioner seeks to explain the delay in filing the writ petition by the plea that after the order of reversion was made he was making repeated representation to the authorities, and did not receive any reply from them. Having regard to his conduct, he contends, the court should condone any delay occasioned in filing the writ petition. After careful consideration, it seems to me that the doctrine of laches bars relief to the petitioner.