Home Guard 2319 Awadhesh Kumar Upadhaya v. State of U.P. Thru. Prin. Secy. Home Guards Deptt. Lko and 3 Others

Court No. - 20 Case :- WRIT - A No. - 8908 of 2023 Petitioner :- Home Guard 2319 Awadhesh Kumar Upadhaya Respondent :- State Of U.P. Thru. Prin. Secy. Home Guards Deptt. Lko And 3 Others Counsel for Petitioner :- Pradeep Kumar Mishra,Pradeep Kumar Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioner and learned State Counsel for opposite parties.

¶2Petition has been filed challenging order dated 27th June, 2000 cancelling petitioner's appointment on the post of Home Guard.

¶3It has been submitted that a perusal of impugned order will make it evident that the same has been passed on ex-parte basis without any inquiry or affording any opportunity of hearing to petitioner.

¶4Shri R.A. Maurya, learned State Counsel has refuted submission advanced by learned counsel for petitioner with submission that petitioner is challenging the order after a period of 23 years without any cogent explanation for such laches and, therefore, it is not required to be entertained at such belated stage.

¶5Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is quite evident that petitioner is challenging the order dated 27th June, 2000 after a period of 23 years. Even if, petitioner's submission that he worked in service till March, 2001 is to be considered, even then there is considerable laches of about 22 years unexplained by petitioner in a cogent manner.

¶6In view of such belated challenge to impugned order, this Court does not find any occasion interfere.

¶7In view of aforesaid, the writ petition fails and is dismissed. Order Date :- 9.11.2023 Ashutosh Pandey High Court of Judicature at Allahabad, Lucknow Bench