Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | not adverted to - Review petition rejected on the ground that the parameters of review not attracted Review- Scope of - Writ petition - Plea of undue delay taken by the respondents - Single Judge of High Court c decided the case without adverting to the plea of delay- In writ appeal also plea of delayllaches specifically taken |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Review — Scope of — Writ petition - Plea of undue delay taken by the respondents — Single Judge of High Court decided the case without adverting to the plea of delay — In writ appeal also plea of delay/aches specifically taken, not adverted to — Review petition rejected on the ground that the parameters of review not attracted - On appeal, held: the Single Judge as well as Division Bench failed to address the issue of delay/aches despite such stance was eloquently put forth — As the principal stand of the respondent was not addressed to, it was a palpable error ~ The order required review for the purpose of consideration of the impact of delay and laches in preferring the writ petition. Delay/Laches —- Consideration of — By the writ.court — Writ petition by delinquent — Challenging order of his dismissal from service passed by the Disciplinary Authority ~ After about 5 years — Without challenging the same in departmental, appeal — State took preliminary objection regarding delay/aches in filing the petition — Single Judge of High Court without adverting to the preliminary objection, allowed the petition on the ground of non-compliance of s. 34 of Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules 1956 — Division Bench of the High Court also without adverting to the specific plea of delay/ laches, affirmed the order of Single Judge — Review of the order passed in LPA was dismissed — On appeal, Held: A writ court is required to remain alive to the nature of the claim and the unexplained delay on the part of the petitioner - Stale claims not to be adjudicated unless non-interference would cause grave injustice — The present case, being stale deserved to be thrown at the threshold - Service Law -— Dismissal. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 754 |
Petitioner | State Of Jammu & Kashmir |
Respondent | R.k. Zalpuri And Others |
SCR | [2015] 12 S.C.R. 285 |
Judgement Date | 2015-10-08 |
Case Number | 8390-8391 |
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