K M MATHUR Vs. STATE

JUDGEMENT

(1.) THE appellant was compulsorily retired from Government service, after completing 25 years qualifying service and attaining the age of 50 years, by the order of the Collector, Jalore dated July 30, 1978. At that time the appellant was working as U. D. C. in the officer of the Sub-Divisional Officer, Bhinmal. THE appellant filed a writ petition in this Court on April 7,1983, almost 5 years after the order of his compulsory retirement was passed. THE explanation which was furnished by the appellant for the abnormal long delay in filing the writ petition was that he was awaiting the decision of his representations in respect of adverse entries made in the confidential reports and for the decision of his appeal relating to the imposition of a penalty of stoppage of one grade increment by the Collector, Jalore, by his order dated April 28, 1978. THE appellant's appeal in respect of stoppage of one grade increment was allowed by the Board of Revenue for Rajasthan at Ajmer by its order dated May 12,1980. THE appellant did not file a writ petition in this Court for a period of over 3 years even after the aforesaid decision of the Board of Revenue.

(2.) THE appellant did not prefer any appeal against the order his compulsory retirement passed on July 30, 1978 and we are satisfied that the appellant has not been able to sufficiently explain the delay in preferring the writ petition before this Court after a long lapse of 5 years. Of course, the learned Single Judge erroneously thought that the appellant had preferred an appeal before the Board of Revenue against the order of his compulsory retirement, which was decided by the Board of Revenue on May 12, 1980. However, as we have pointed out above, the appellant did not prefer any appeal against the order of his compulsory retirement, but the appeal preferred by him before the Board of Revenue related to the stoppage of one grade increment.