DHIRENDRA KUMAR MISHRA SON OF SRI SRIKRISHNA MISHRA Vs. UNION OF INDIA THROUGH ITS DIRECTOR GENERAL, C.R.P.F., NEW DELHI

JUDGEMENT

(1.) Heard Mr. Rajeev Kumar Singh, learned counsel for the appellant and Mr. Rakesh Kumar Singh, learned counsel appearing on behalf of the respondents.

(2.) In this intra-Court appeal the appellant-writ petitioner has assailed the order dated 25.7.2008 in C.W.J.C. No. 14192/2005 whereby and whereunder his writ petition as against his order of dismissal from service dated 28.9.1995 dismissing him from service of the Central Reserve Police Force (hereinafter referred to as 'the CRPF') and its affirmatory appellate order dated 12.5.2005 read with another appellate order dated 30.5.2005 has been dismissed on the ground of delay and laches.

(3.) Mr. Singh, learned counsel for the appellant-writ petitioner, however, while assailing the impugned orders of the authorities of the CRPF maintaining his order of dismissal, has submitted that the learned Single Judge had committed an error in holding that the writ petition was suffering from vice of delay and laches. In this context he has submitted that true it is that the appellant-writ petitioner was dismissed from the CRPF by an order dated 28.9.1995 but when his appeal against such order of dismissal was entertained in terms of the order of Allahabad High Court dated 10.3.2005 in Civil Misc. Writ Petition No. 55145/2003 and the same was rejected by the order dated 12.5.2005 read with another order dated 30.5.2005, the resultant writ petition filed on 18.11.2005 could not have been held to be suffering from any delay and laches.