GANESH PRASAD DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) WRIT petitioner -appellant, aggrieved by order dated 31.10.2007 passed in CWJC No. 15402 of 2006 dismissing the writ application, has preferred this appeal under Clause X of the Letters Patent.

(2.) WRIT petitioner -appellant challenged the order dated 17.3.2003 by which it was decided that he shall not be entitled to any other emolument other than the subsistence allowance for the period of suspension. Writ petitioner chose to assail the aforesaid order by filing the writ application after about three years nine months on 14.12.2006. No explanation at all has been offered for such delay. The learned Single Judge taking into account the aforesaid fact, dismissed the writ application on the ground of delay and laches.

(3.) MR . Rana Ishwar Chandra, appearing on behalf of the appellant submits that the writ petition ought not to have been dismissed only on the ground of delay; laches and negligence and before doing so, the learned Single Judge ought to have examined the case on merit. He further points out that the impugned order was passed four years after the orders of punishment and, as such, it cannot be said that the writ petition suffered from delay and laches.