Harjinder Singh vs State of Punjab and others

Satish Kumar Mittal, J.—This Letters Patent Appeal has been directed against the order dated January 18, 2012 passed by the learned Single Judge, whereby the writ petition (CWP No. 1890 of 2011) filed by the appellant challenging the order of forfeiture of his five years approved service passed by the SSP, Majitha as well as the order dated 27.8.2003 passed by the Appellate Authority, has been dismissed. The learned Single Judge has dismissed the writ petition filed by the appellant on the ground of laches.

After hearing the learned counsel for the appellant, we do not find any ground to interfere in the impugned order passed by the learned Single Judge as in the instant case the appellant has not explained the long delay of eight years in filing the writ petition against the aforesaid orders passed by the authorities.

The first ground taken by the appellant that he was not aware of the order passed by the Appellate Authority, is not sustainable because the appellant was also heard personally by the Appellate Authority before passing the order. Therefore, it cannot be presumed that he was not aware of the order passed by the Appellate Authority. The second ground taken by the appellant that he was suffering from jaundice, also cannot be believed that a person was suffering from jaundice for eight years, particularly when there is no medical evidence available on the record in support of the plea of the appellant. In view of the aforesaid, we do not find any ground to interfere in the impugned order. Hence, the appeal is dismissed.