JAGAT KISHORE PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner, who was working as Panchayat Sewak, was dismissed from the services vide order dated 29.12.1999 passed by the Disciplinary authority/Deputy Commissioner, Hazaribagh on the ground that the petitioner has failed to deposit all receipts given to him for recovery of tax/ Lagan and has further failed to deposit the amount to the tune of Rs. 70.62 paise as well as 59.35 paise collected by him against tax and lagan Statutory appeal filed by the petitioner against the order of dismissal was also dismissed vide order dated 28.4.2004. The petitioner has filed the present writ petition on 6.9.2006 after almost 2 years from the date statutory appeal was dismissed. Although there is no limitation prescribed for filing the writ application, however, writ petition should be filed without any inordinate delay Present petition seems to be barred by principle of latches. Learned counsel for the petitioner while referring Annexure -7, i.e. affidavit dated 14.7.2005 has submitted that nephew of the petitioner was suffering from cancer and his brother Sri. Ramdeo Singh was busy in law practice, therefore, the petitioner was authorized by his brother Sri. Ramdeo Singh to look after his ailing son Arbind Kumar @ Tuntun. Therefore, the petitioner was busy in looking alter his ailing nephew and could not file writ petition at the earliest.

(2.) THE famous saying that a person can tell lie, but the circumstances do not is fully applicable in the present case. Statutory appeal was dismissed vide order dated 28.4.2004 while the petitioner was allegedly authorized by his brother vide affidavit dated 14.7.2005, Annexure -7, therefore, the petitioner remained idle between 28.4.2004 till 14.7.2005 during which he could easily have filed the writ petition. There is no explanation as to why writ petition could not be filed atleast till 14.7.2005.

(3.) LEARNED counsel for the petitioner has vehemently argued that for meager amount of Rs. 70.62 paise as well as 59.35 paise, dismissal seems to be arbitrary and shocking.