Harendra Singh v. Union of India

Delhi High Court · 28 Mar 2016 · 2016:DHC:2537-DB
Hima Kohli; Sunil Gaur
W.P.(C) 2696/2016
2016:DHC:2537-DB
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed a 23-year delayed writ petition challenging dismissal from service, allowing withdrawal with liberty to obtain the impugned order and file afresh with explanation for delay.

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W.P.(C) 2696/2016
HIGH COURT OF DELHI
W.P.(C) 2696/2016
NO 2400277 NK/GD HARENDRA SINGH ..... Petitioner
Through: Mr. P.S. Parihar, Advocate
VERSUS
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Abhay Prakash Sahay, CGSC with Mr. Syed Husain Adil Taqvi, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R 28.03.2016
JUDGMENT

1. The present petition has been filed by the petitioner, assailing an order dated 30.11.1993, passed by the respondents/Assam Rifles, dismissing him from service.

2. There is no explanation worth the name to justify the delay of 23 years in seeking legal recourse. Further, an office objection has been raised by the Registry to the effect that the petitioner has failed to file a copy of the dismissal order that he has impugned in the petition.

3. At this stage, counsel for the petitioner seeks leave to withdraw the present petition while reserving the right of the petitioner to first approach 2016:DHC:2537-DB W.P.(C) 2696/2016 the respondents for obtaining a copy of the dismissal order dated 30.11.1993. If the petitioner proposes to file a fresh petition after obtaining a copy of the impugned order of dismissal, then he shall explain the delay spanning over two decades in approaching the Court, so that the same can be considered at the time of admission.

4. Leave, as prayed for, is granted. The petition is dismissed as withdrawn. HIMA KOHLI, J SUNIL GAUR, J MARCH 28, 2016 rkb/mk