KANHAIYA LAL PUROHIT Vs. DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) THE appellant was removed from Government service by the order of the District and Sessions Judge, Banswara dated June 6, 1980 with effect from the same date. A representation in the form of an appeal submitted by the appellant to the Rajasthan High Court was rejected on March 25, 1981. A further representation made by the appellant was again rejected by the High Court on August 24,1981. Yet another representation preferred by the petitioner appellant was again rejected by the High Court on August 19, 1982. Thus, the appellant went on making repeated representation which were rejected. He also made a mercy petition which was rejected by the High Court on February 25, 1984. The learned Single Judge dismissed the writ petition filed by the appellant on the ground of delay.

(2.) LEARNED counsel urged that the learned Single Judge was not right in holding that the representation was rejected by the High Court on February 17, 1983, because on that day the appellant's representation was rejected by the District and Sessions Judge, Banswara. As we have already pointed out above, the earliest representation made by the appellant was rejected by the High Court on March 25, 1981. His repeated representations could not extend the period for the appellant's approaching this Court under Article 226 of the Constitution of India. The principle is well settled that a person seeking relief in the extra -ordinary jurisdiction of this Court should approach the court at the earliest possible opportunity and without any avoidable delay. If the appellant went on making repeated representations which were also rejected by the High Court, it cannot be held that the delay made in approaching the High Court under Article 226 of the Constitution was property explained.

(3.) THE learned Single Judge, in his discretion, refused to entertain the writ petition filed by the petitioner after a long delay. We do not consider that the exercise of discretion by the learned Single Judge in this case is in any way arbitrary or improper. Not only that the representation of the appellant was rejected on August 19,1982 but his earlier representations were rejected by the High Court on August 24, 1981 and even as early as on 25th March 1981. The appellant would have approached this Court soon after the rejection of his first representation on March 25, 1981. The present writ petition was filed in this Court on August 14, 1984 more than 3 years after the rejection of the appellant's representation to the High Court. We are unable to hold that the delay in filing the writ petition has been properly explained by the appellant. Merely because he continued to make repeated representations which were rejected in their turn, cannot be considered as sufficient to explain the laches in filing the writ petition. The writ petition having been filed after unexplained delay, the learned Single Judge was justified in refusing to entertain the same.