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2025 DAILYLAW 111149 (ALL)

JAGDAMBA PRASAD v. STATE OF U.P. AND 3 OTHERS

WRIA/19918/2024 · 2025-02-26

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27532 Court No. - 6 Case :- WRIT - A No. - 19918 of 2024 Petitioner :- Jagdamba Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tara Chand Kaushal Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J. Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State-respondents. Present petition has been filed seeking for the following reliefs:- " (i) Issue, a writ, order or direction in the nature of certiorari quashing the impugned order dated 22.03.2022 passed by respondent no.2/ Homeguards Head Quarter, Uttar Pradesh, Lucknow (on the application of petitioner dated 25.11.2021 by removing him from Homeguard's service). (ii) issue, a writ, order or direction in the nature of mandamus directing the respondent nos. 2, 3 and 4 to reinstatement the petitioner in his service forthwith, because petitioner's height is (166.5) more than that of the other reinstated Homeguards, his physical ability (his age was 25 at the time of Chhatani/removal) is less than that of the other reinstated Homeguards and his qualification is more than that of the other reinstated Homegurards." Learned counsel for the petitioner submitted that order impugned is only internal communication between the respondents and a copy of the same has also been endorsed to the petitioner. Learned Additional Chief Standing Counsel pointed out that petitioner was removed from his service in the year 1990 based upon the report of Enquiry Committee (Chhatani Samiti) as his height was found 166.5 cm which is below the standard height i.e. 167.7 cm. Against that report, petitioner has approached this Court after an inordinate delay of 34 years without any explanation. Learned counsel for the petitioner could not dispute the aforesaid fact. Facts of the case are undisputed that petition has been preferred after inordinate delay of 34 years without any explanation, therefore, petition is dismissed on the ground of laches. Order Date :- 27.2.2025 AKT Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad