Sanjay Kumar vs Principal Secretary Home To The Government Of Himachal Pradesh & Others

Ajay Mohan Goel, J

Notice. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of respondents.

By way of this Writ petition, the petitioner has prayed for the following relief:-

“i) That the order dated 22/10/2014 (Annexure P-11) passed by respondent No.4, order dated 27/07/2015 passed by respondent No.3 (Annexure P-13) and order dated 04/08/2017 passed by the respondent No.2 (Annexure P-14) may kindly be quashed and set aside.”

The impugned Annexures are Ext.P-11 dated 22.10.2014, Annexure P-13 dated 27.07.2015 and Annexure P-14 dated 04.08.2017. In terms of Annexure P-11, dated 22.10.2014, in the disciplinary proceedings which were initiated against the petitioner, he was dismissed from service in terms of the order passed by Superintendent of Police, District Hamirpur, H.P. In terms of Annexure P-13, dated 27.07.2015, the appeal filed by the petitioner against the order of dismissal was dismissed by the Appellate Authority. In terms of Annexure P-14, dated 04.08.2017, the revision preferred by the petitioner against the order passed by the Disciplinary Authority as well as the Appellate Authority was rejected by the Revisional Authority, i.e. Director General of Police, Himachal Pradesh. This demonstrates that the cause of action accrued in favour of the petitioner on 04.08.2017. The Court can take judicial notice of the fact that as of 04.08.2017, Himachal Pradesh Administrative Tribunal was functioning. In terms of the limitation period provided in the Administrative Tribunal Act, the petitioner ought to have approached learned Tribunal within one year as from the passing of the order dated 04.08.2017. The petitioner did not do so. In fact, all these orders have been now challenged by him seven years after the last order was passed by the Revisional Authority. There is no explanation given in the petition for these delays and latches.

Therefore, as the Writ petition is grossly hit by delays and latches, the same is dismissed. Pending miscellaneous application(s), if any, also stand disposed of.