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2025 DAILYLAW 75046 (ALL)

UNION OF INDIA AND 2 OTHERS v. VIRENDRA SINGH AND ANOTHER

WRIA/10124/2025 · 2025-08-05

Arun Bhansali, Kshitij Shailendra

Review Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:132315-DB Chief Justice's Court Case :- WRIT - A No. - 10124 of 2025 Petitioner :- Union of India and 2 others Respondent :- Virendra Singh and another Counsel for Petitioner :- S.P. Singh (A.S.G.I.), Sanjay Kumar Om Counsel for Respondent :- Rajesh Tripathi, Agam Narain Roy Hon'ble Arun Bhansali, Chief Justice Hon'ble Kshitij Shailendra, J. 1. This petition is directed against orders dated 13.04.2018 and 21.12.2023 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad whereby the Original Application filed by respondent no.1 has been allowed and the review petition filed by the petitioners has been dismissed, respectively. 2. The Original Application was filed inter alia seeking to question the validity of order dated 02.12.2016 and seeking direction to the petitioners to accord promotion to respondent no.1. 3. The Tribunal, after hearing the parties, disposed of the Original Application with a direction to the petitioners to open the result of D.P.C. in respect of promotion of respondent no.1 in a sealed cover and take an appropriate decision of promotion as per rules. 4. A review petition qua said order was filed, which came to be dismissed on 21.12.2023 on the Tribunal finding that there was no error apparent on the face of record besides the fact that the same was barred by limitation. 5. After passage of over seven years from the order passed in Original Application and above one and a half years since the order passed in the review application, the present petition has been filed on 10.07.2025. By way of explanation, it has been indicated as under: "28. That it is respectfully submitted that in the process, some delay has been caused due to which the present writ petition could not be filed earlier. It is however respectfully submitted that the reasons for the delay in not filing the present writ petition earlier is neither deliberate nor intentional, but due to genuine and bonafide reasons it could not be filed. It is however specifically stated that the petitioners have not derived any benefit by filing the present writ petition belatedly, as such it is expedient in the interest of justice that this Hon'ble Court be pleased to ignore the delay if any, in filing the present writ petition, otherwise grave injustice would be caused to the petitioners." 6. A perusal of the above indications made in the petition seeking to explain the delay, indicates that the averments in this regard have been made merely as an eyewash. No reason worth consideration has been indicated for the delay in filing the writ petition. 7. Counsel for the petitioners was pointedly asked the question regarding the trigger for now approaching the Court, however, no reason is forthcoming. 8. In view of the above fact-situation, we do not find any reason to entertain the present petition which suffers from unexplained delay and laches. Consequently, the same is dismissed. Order Date :- 6.8.2025 AHA/Jyotsana (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad