1 / 4 WPS No. 2057 of 2024 2025:CGHC:15275 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2057 of 2024 1 - B. L. Gangwani S/o Late Valiram Gangwani, Aged About 69 Years R/o Bajrang Ward, Bhatapara, Tahsil And P.S. - Bhatapara, District- Balodabazaar-Bhatapara (CG) ... Petitioner versus 1 - National Insurance Company Limited Through Chairman-Cum- Managing Director, 3, Middleton Street, Kolkata, District Kolkata (W.B.) 2 - National Insurance Company, Regional Office, Mumbai, Murzban Road Fort, Mumbai (M.H.) 3 - National Insurance Company, Raipur Regional Office, Through Branch Manager, Mobin Mahal, G.E. Road, Raipur (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Avinash Singh, Advocate For Respondents : None K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.04.02 14:50:37 +0530 2 / 4 WPS No. 2057 of 2024 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 01/04/2025 1. By the present writ petition, the petitioner is seeking quashment of the order dated 01/11/2012 by which the punishment of reduction in basic salary by five stages has been imposed. 2. The petitioner was issued a charge sheet in the year 2007 in respect of allegation of misbehaviour with one lady staff. Thereafter a departmental enquiry was contemplated in which the charges levelled against the petitioner found proved and hence by order impugned, the punishment was imposed in the year 2012. The petitioner retired from the service in the year 2014. After lapse of more than a decade, the petitioner filed the present petition seeking quashment of the impugned order. 3. I have heard learned counsel for the petitioner and perused the pleadings and the documents. 4. It is well settled principle of law that although, there is no period of limitation provided for filing the writ petition under Article 226 of the Constitution of India, ordinarily the writ petition should be filed within a reasonable time. 5. The Supreme Court in the matter of New Delhi Municipal Council vs. Pan Singh & Ors.1 held in Para 16 as under :- “16. There is another aspect of the matter which cannot be lost sight of. The respondents herein filed a writ 1 (2007) 9 SCC 278 3 / 4 WPS No. 2057 of 2024 petition after 17 years. They did not agitate their grievances for a long time. They, as noticed herein, did not claim parity with the 17 workmen at the earliest possible opportunity. They did not implead themselves as parties even in the reference made by the State before the Industrial Tribunal. It is not their case that after 1982, those employees who were employed or who were recruited after the cut-off date have been granted the said scale of pay. After such a long time, therefore, the writ petitions could not have been entertained even if they are similarly situated. It is trite that the discretionary jurisdiction may not be exercised in favour of those who approach the court after a long time. Delay and laches are relevant factors for exercise of equitable jurisdiction. (See Govt. of W.B. v. Tarun K. Roy, U.P. Jal Nigam v. Jaswant Singh and Karnataka Power Corpn. Ltd. v. d K. Thangappan.)” 6. In the case at hand, pursuant to the departmental enquiry the punishment order was imposed in the year 2012 and thereafter the petitioner retired from service in the year 2014 on attaining the age of superannuation. He slept over his right for a period of more than a decade and he filed the petition in the year 2024 that too without explaining the delay and laches by giving sufficient and plausible explanation he simply stated that he is a retired person and had no means to file the petition and approached this Court through High Court Legal Aid. From the documents, it is manifest that the petitioner rendered his service in the Department on the post of Assistant Manager and hence it cannot be said that he has no means. 4 / 4 WPS No. 2057 of 2024 7. In view of the above, without expressing any opinion on the merits of the case, the petition is dismissed on the ground of delay and laches at the motion stage itself. Sd/- (BIBHU DATTA GURU) JUDGE Gowri