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2025 DAILYLAW 21300 (ALL)

TARKESHWAR PATHAK v. STATE OF U.P. AND 3 OTHERS

WRIA/2284/2025 · 2025-03-02

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29614-DB Court No. - 29 Case :- WRIT - A No. - 2284 of 2025 Petitioner :- Tarkeshwar Pathak Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Misra Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. This writ petition has been filed challenging the orders dated 3.1.2005, 24.5.2006, 27.4.2015, 27.9.2018 and 24.8.2021, whereby certain punishment was imposed upon the petitioner while he was in employment. The appeal against such order of punishment was also rejected. A claim petition filed before the U.P. Public Services Tribunal was also rejected. After the petitioner's retirement a fresh attempt was made to challenge the orders of punishment, which also failed. A writ petition filed thereafter in 2022 has also been dismissed on 5.7.2022 by learned Single Judge. It is now almost after 10 years of initial rejection of the petitioner's claim before the tribunal that the petitioner is challenging the judgment of the tribunal after 10 years. Learned counsel for the respondents has assailed the maintainability of the writ petition on the ground of unexplained laches in approaching the Court, inasmuch as for almost 10 years the petitioner made no attempt to challenge the order of the tribunal. The record otherwise reveals that petitioner was repeatedly approaching different forums in the year 2021 and 2022 but the tribunal's order was not challenged. At such belated stage, we are, therefore, not inclined to entertain the present petition, wherein the orders of punishment as well as tribunal's order passed in the year 2015 is challenged. The review was also rejected. A fresh claim petition was also rejected in 2021. Writ petition, accordingly, is dismissed on the ground of laches. Order Date :- 3.3.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad