MOHAMMAD YOUSUF BEIGH Vs. STATE OF J&K

JUDGEMENT

(1.) The instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 04.03.2010 rendered by the learned Single Judger of this Court, holding that there is an inordinate delay in filing the writ petition by the appellant and the same was dismissed in limine. Mr. M. Ayoub Bhat, learned counsel for the appellant has argued that there was no deliberate act of absence from duty on the part of the appellant. However, he left the Kashmir Valley on account of threat perception of militants who had eliminated two of his close relations. Accordingly, he migrated to Jammu to save his precious life. In support of his contention he has placed on record a certificate dated 11.06.1997 which indicates that he was registered as a migrant at Jammu on 11.06.1997.

(2.) The writ petition was filed in the year 2010 being SWP No. 257/2010 and the appellant has prayed for quashing order dated 12.11.1996 (P-A). According to the aforesaid order, the appellant, who was working on Daily Wage basis in Food & Supplies Department, Srinagar, absented from duty and notice for joining duty was issued on 01.05.1995 and it was duly published in the English daily _Greater Kashmir_ in its edition of 05.06.1995. Eventually he was relieved by order dated 12.11.1996. The order dated 12.11.1996 could have easily been challenged by him in Jammu Wing of the High Court as he was registered as a migrant at Jammu. To file a petition after 14 years has been rightly considered by the learned Single Judge as inordinate delay. The appeal does not merit admission and the same is, accordingly, dismissed.