Unexplained delay on the part of the Petitioner in filing the writ petition.: High Court of Delhi

This so-called Public Interest Litigation after looking into facts seems to be a revenge taking type of writ petition upheld by High Court of Delhi by the learned bench led by HON’BLE THE CHIEF JUSTICE and HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA in the case of ROHIT SHUKLA vs. DGMS (ARMY) W.P.(C) 3516/2022 on 28th February, 2022.

Brief facts of the case as stated by petitioner appearing in person is that Shri Karamvir Singh was appointed as a Junior Commissioned Officer and at the time of his appointment, the details supplied by him were factually incorrect and therefore by way of this Public Interest Litigation, this petitioner is in search of cancellation of the appointment of Karamvir Singh from the employment given by the respondent.

Respondent states that said employee is not joined as a party respondent in this writ petition. As his appointment is to be cancelled, no writ petition can be allowed in absence of a candidate or an employee, whose employment is sought to be terminated. Such employee is an essential party to the litigation and he ought to be heard by this Court. And the employment was given to Karamvir Singh by the respondent in the year 2015. The writ petition has been preferred in the year 2022, hence there is gross unexplained delay on the part of the petitioner in filing this writ petition.

The Court opined that we do not see any reason to entertain this writ petition. The same is accordingly dismissed with costs of Rs.25,000/- to be paid by the petitioner to the Delhi State Legal Services Authority within four weeks from today. The aforesaid amount shall be utilized for the programme ‘Access to Justice’.

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Judgment reviewed by – Amit Singh

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