Ex Constable Force No. 884659103 Jayanta Gogoi v. The Union of India and 6 Ors

ORDER 14-08-2024 Heard Shri J. Hatimuria, learned counsel for the petitioner. Also heard Shri RKD Choudhury, learned Dy. SGI for all the respondents.

¶2The petitioner was a Constable in the CISF and in the year 1998 a disciplinary proceeding was initiated against him. The said proceeding culminated in an order of 27.06.1998 by which the petitioner was dismissed from service. The petitioner had preferred an appeal on 20.07.1998 which was also rejected by the appellate authority on 14.07.1999. It is contended by the learned counsel that in the proceeding, no proper opportunity was granted to Page No.# 3/4 the petitioner. He has contended that due to the impugned order of dismissal, the petitioner is deprived from pension under the Rules holding the field. It is also averred that after the dismissal, the petitioner had become mentally unfit and is now medically sound and therefore has approached this Court.

¶3Per contra, Shri Choudhury, the learned Deputy SGI has submitted that even without entering into the merits of the dispute sought to be raised, there is no proper explanation at all as to the inordinate delay from the order of dismissal passed in the year 1998. It is submitted that apart from a bald statement made in paragraph 16 along with a medical certificate of 28.04.2024, there is no explanation at all.

¶4To examine the aforesaid aspect of delay and laches, this Court has examined the averments made in paragraph 16 of the writ petition. For ready reference, the statements made in paragraph 16 is extracted herein below:- "16. That the Petitioner respectfully begs to state that after dismissal from service, he had become mentally unfit person. That the Petitioner had been suffering from depression and mental instability with forgetfulness from many years. That, recently he has recovered from the said mental illness. Now, the Petitioner is medically found fit. That the delay in filing the present writ petition was caused due to mental illness of the Petitioner. Further, due to his mental illness, he was under medical treatment for long years. As a result of Petitioner's mental illness he was not sound mind. Therefore, there is delay in approaching before this Hon'ble Court. Now, the Petitioner is medically found fit and therefore he is approaching before this Hon'ble High Court."

¶5The aforesaid pleadings are supported by a medical certificate issued on

28.04.2024. As per the said certificate, the petitioner had suffered from depression and mental instability with forgetfulness for many years. Apart from the said contents, there is no details at all as regards the nature of the ailment, the period of treatment etc. Page No.# 4/4

¶6Though the provisions of the Limitation Act, 1963 per se may not have an application in a writ proceeding, the aspect of laches is one of the important factors which is required to be taken into consideration, moreso when this Court under Article 226 of the Constitution of India exercises equitable jurisdiction.

¶7In the instant case, the delay is not only inordinate but lacks any acceptable explanation. In that view of the matter, this Court is of the opinion that this petition is not liable to be entertained and accordingly the same is dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010151452024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3854/2024o EXoCONSTABLEoFORCEoNO.o884659103oJAYANTAoGOGOIo S/O-oRAMAoGOGOI,oRESIDENToOFoVILLAGE-oDOLLOBARIoGAON,oP.O.o PEOLIPHUKAN,oP.S.oGELEKY,oINoTHEoDISTRICToOFoSIVASAGAR,oASSAM,o PIN-o785685 VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYo OFoHOMEoAFFAIRS,oNEWoDELHI,oPIN-o110001 2:THEoDIRECTORoGENERAL oCENTRALoINDUSTRIALoSECURITYoFORCE oNEWoDELHI oPIN-o110001 3:THEoINSPECTORoGENERAL oNESoHQRoKOLKATA oCISF oPREMISESoNO.o553 oEASToKOLKATAoTOWNSHIPoKASBA oKOLKATA oPIN-o700107 4:THEoDEPUTYoINSPECTORoGENERAL oCENTRALoINDUSTRIALoSECURITYoFORCE oNEZoHQRoKOLKATA oPREMISESoNO.o553 oEASToKOLKATAoTOWNSHIPoKASBA oKOLKATA oPIN-o700107 Page No.# 2/4 5:THE GROUP COMMANDANT CISF GROUP HQRS GUWAHATI BEHARBARI ASSAM PIN- 781029 6:THE DEPUTY COMMANDANT CISF UNIT CPM PANCHGRAM P.O. PANCHGRAM IN THE DISTRICT OF HAILAKANDI ASSAM PIN- 788802 7:THE ENQUIRY OFFICER CUM ASSISTANT COMMANDANT CISF UNIT CPM PANCHGRAM P.O. PANCHGRAM IN THE DISTRICT OF HAILAKANDI ASSAM PIN- 78880 Advocate for the Petitioner : MR U S BORGOHAIN, MR. J HATIMURIA Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI