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Delay of three years in approaching Court without sufficient cause not tenable: Chhattisgarh HC

Case Law Details

TaxGuru Citation
2024 taxguru.in 5948
Case Name
Pokhraj Tarak Vs State of Chhattisgarh (Chhattisgarh High Court)
Date of Judgement/Order
Only available for paid members
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Pokhraj Tarak Vs State of Chhattisgarh (Chhattisgarh High Court)

Chhattisgarh High Court held that delay of three years in approaching Court without explaining sufficient cause for the delay is not justifiable. Also held that mere filing of representation is not sufficient cause to explain the delay. Thus, petition dismissed.

Facts- The petitioner was initially appointed to the post of ‘Rojgar Sahayak’ on a contract basis vide order dated 23.11.2009 for a period of 1 year. His services were extended from time to time up to 25.11.2017. The petitioner committed certain financial irregularities to the tune of Rs.96,000/-in the Pradhan Mantri Awas Yojna, thereafter, an enquiry was conducted. The petitioner deposited the entire amount with respondent No.3.

Respondent No.4 vide order dated 25.11.2017, removed the petitioner from services on the ground that in inquiry, the allegation levelled against him was found proved with regard to the withdrawal of amount from the account of the beneficiaries. Against the order dated 25.11.2017, the petitioner has filed the present petition.

Conclusion- Held that mere filing of representation in the instant case is not sufficient cause to explain the delay in approaching this Court and in the present case; the petitioner could not file the writ petition immediately after the issuance of the order impugned dated 25.11.2017. Thus, no case is made out in favour of the petitioner. Accordingly, this petition fails and is hereby dismissed. No order as to cost.

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