Sushil Kumar vs State of Haryana and Others

Rajiv Narain Raina, J.—The petition has been filed on a disappointment that the name of the petitioner was not recommended by the competent authority to the Government for consideration for promotion to the Haryana Civil Service (Executive Branch) in the process which was initiated in 2004. The only argument raised by learned counsel for the petitioner is that there was an error in not recommending his name inasmuch as he had not suffered a punishment order of stoppage of an increment with cumulative effect and because of this his name could not be nominated. The writ petition has been filed questioning the appointment of Virender Singh and the consequential order dated 16.08.2002.

This writ petition has been filed after considerable delay and laches without explaining reasons to justify approaching this Court belatedly. Even assuming that the petitioner has any right whatsoever his remedy is patently barred. Even a suit would not lie for the impugned action or inaction from the date of accrual of cause of action. Therefore, this Court in writ jurisdiction would not interfere in the matter.

For the foregoing reasons, this writ petition is not only devoid of merit, it is frivolous and is dismissed. However, since this Court is not issuing notice of motion it restrains itself from imposing costs. Dismissed.