Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:124835 Court No. - 4 Case :- WRIT - A No. - 10528 of 2025 Petitioner :- Krishna Pal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dhanraj Singh Yadav Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Dhanraj Singh Yadav, learned counsel for the petitioner as well as learned Standing Counsel. Learned Standing Counsel has obtained instructions in the matter which are taken on record. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the order dated 10.10.2008,whereby, his services came to be dismissed on account of he found guilty in an enquiry held in the matter. It transpires that the petitioner did not approach the authority thereafter, for a pretty long time and it was only subsequently he made a representation for recall of the order in the year 2008 after a lapse of 6 years which was dismissed on 17.01.2023. Petitioner again did not approach any forum and now he has approached this Court in the year 2025 questioning the order dated 10.10.2008 as well as the order rejecting the representation dated 17.01.2023. Learned Standing Counsel submits that petitioner having been held already guilty of the charge ought to have questioned the
order of 2008 itself by filing petition or even by approaching the authority concerned namely the higher authority under the relevant government order but since the petitioner himself did not approach the authority and after six years, he approached the authority, his representation was rightly rejected. He has also placed reliance upon para 4 of the circular letter dated 02.12.2016 according to which no representation can be considered after a lapse of six years. Having heard learned counsel for the respective parties and having perused the records, explanation offered in the writ petition qua the delay in approaching the court is certainly not justified. Petitioner waited for a pretty long time to question the
order dated 10.10.2008 as well as filed a highly belated representation questioning the order before the competent authority which had no power to review the order after six
years. Still further, I find that petitioner delayed for more than two years in approaching the Court after the order rejecting the application was passed in the year 2023. In the circumstances, petition is dismissed for delay and laches.
Order Date :- 29.7.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad