PATNA, India, March 4 -- Patna High Court issued the following judgment on Jan. 2:

1. Heard learned counsel for the appellant and learned counsel for the respondent.

2. The present intra Court appeal has been filed against judgment dated 02.04.2024, passed by the learned Single Judge of this Court in C.W.J.C. No.15678 of 2023, whereby the writ petition filed by the appellant was dismissed solely on the ground of delay and laches.

3. The brief facts of the case are that the appellant was initially appointed as a Junior Engineer in the Public Health Engineering Department (hereinafter referred to as"PHED") and was subsequently promoted to the post of Assistant Engineer. A departmental proceeding was initiated against the appellant vide memo dated 21.03.2012, to which he submitted his explanation. Thereafter, a charge-sheet was issued on 13.09.2012. Upon conclusion of the inquiry, the Inquiry Officer submitted his report on 12.03.2014, holding the charges framed against the appellant proved. A second show-cause notice was issued on 07.04.2014, followed by the order of punishment dated 19.07.2016. The appellant also filed a representation regarding payment of outstanding salary, which was disposed of on 20.09.2016.

4. Learned counsel for the appellant submits that the learned Single Judge dismissed the writ petition solely on the ground of delay, without examining the merits of the case, thereby causing serious prejudice to the appellant. It is further submitted that the appellant had already preferred a statutory appeal against the order of punishment and had not received any information regarding its disposal. According to the appellant, the delay stood sufficiently explained and ought not to have been treated as fatal to the writ petition.

5. Per contra, learned counsel appearing for the Respondent-State submits that the appellant approached the writ Court after an inordinate and unexplained delay, and failed to furnish any satisfactory explanation for invoking the extraordinary writ jurisdiction at such a belated stage. It is thus submitted that the learned Single Judge has rightly exercised judicial discretion in dismissing the writ petition.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MyM2NDMjMjAyNCMxI04=-DgqC1Wk--am1--fjo=)

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