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2009 DIGILAW 756 (JHR)

Vinod Kumar Pandey v. State of Bihar, (now Jharkhand)

2009-05-13

D.K.SINHA

body2009
JUDGMENT: This appeal has been preferred against the order dated 27.3.2006 passed in CWJC No.988/1997R, by which the learned Single Judge dismissed the writ petition holding therein that the petitioners’ (appellants herein) initial appointment itself was illegal and hence directed the Managing Committee, Cooperative Society, to terminate his appointment immediately. In the first place, this appeal is time barred by 1007 days, which amounts to more than 3 years, yet there huge delay, which could inspire confidence In spite of this inordinate delay, we permiis absolutely no explanation for this in the fact that the delay is bona fide. tted the counsel to address us on the merit of the appeal with a view to avoid miscarriage of justice in the event of its dismissal on the ground of delay. While examining the matter on merit, we noticed that the appellants had been appointed along with 23 persons, whose services had been terminated. Out of these, 13 persons filed the writ petition and the petitioners is amongst them. It had been noticed by the learned Single Judge that the appellant along with others had been appointed on the post which was illegally sanctioned and illegally regularized against the Standing Orders of the Department and the Government and an order had also been passed for initiating departmental action against the persons who had illegally appointed the appellants along with others. The appellants had acquiesced with the order as no appeal had been preferred within time but after 1007 days as indicated hereinbefore, the appeal was filed. But it is obvious that the appellant and other similarly situated persons subsequently filed this appeal after a huge delay merely to try their luck and as a matter of gamble, although they were well aware that they had been appointed illegally contrary to the Standing Orders. The appeal, under the circumstance, is dismissed on the ground of delay and laches as also on merit.