Baliram Padmakar Thakur vs Union of India

This writ petition is filed to challenge the show cause notice dated 10-1-1993, order in original dated 30-8-1994, and order of the Tribunal dated 23-10-1998 [2002 (150) E.L.T. 900 (Tri.-Mumbai)] whereby the Tribunal has reduced the penalty from Rs. 50 lakhs to Rs. 8 lakhs. Although the counsel for the petitioner sought to argue on the merits of the case, we have not permitted him to argue the case on merits, as in our opinion, the petition suffers from gross delay and laches. If at all the petitioner was aggrieved by the order of the Tribunal dated 23-10-1998 the petitioner ought to have challenged the said order within the time stipulated or within a reasonable time. By no stretch of imagination the delay of more than 14 years in filing the petition to challenge the order of the Tribunal can be said to be a reasonable period, especially when the sole ground for delay is the unsubstantiated ill health of the petitioner. Hence, on the ground of delay and laches the petition is dismissed.