# KAMINI KUMAR DAS CHOUDHURY v. STATE OF WEST BENGAL & ORS

- **Citation:** [1973] 1 S.C.R. 718
- **Court:** Supreme Court of India
- **Decided:** 1972-07-24
- **Case number:** c. A. No. 1162 of 1967
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/kamini-kumar-das-choudhury-v-state-of-west-bengal-ors-5707
- **Pages:** 9

## Headnote

718
KAMINI KUMAR DAS CHOUDHURY
v.
STATE OF WEST BENGAL & ORS.
July 24, 1972
[A. N. RAY AND M. H. BEG, JJ.l
Comtitution of India, A.rt. 226-Lache.• in filing writ petition-Court
m., reflue discretionary rttntdy-Disputed questiom of fact arising out
of ,etitio,._Proptr remedy i.J a suit in a Civil Court,
The appllant whu was a Sub.Jnapector of polic~ in the Enforcemc;11
l'lranch of the Calcutta Police wa.• ordered by the Deputy Coinmissioner
of Police to lftl'Cb a houee. He wu found by the' Assistant Colnmissiooer
of Police awa:. from his place of duty.
A d,epartmental enquiry wu
illltituted against him and the 1ald Allistant Commissioner of )'ohce w11
appointed the Enquiry Officer. . After the report of the Enqujry Officer
t6e appellant was dismissed by the Deputy Commissioner of Police ott
1·8·1951. The appeal preferred· by the appellant to the Inspector General
of Police waa diamissed on 27-10.1951.
Thereafter the appellant aubmitted a memorial to the Government of West Bengal. · He filed a petition
in the High Court under Article 226 of the Ooristitution on 9th September
1953, The delay was explained b,- him bv saying that fearing harassment
l.lld oppression by the Police be had gone away to the Andaman Island•
in November. 1952.
A single judge of the High Court dismissed the
petition on the prelim: . ry grounds namely, (i) that there wasi inordinate
delay in ftpproaching 1i1e High Court, and '(ii) that the objection as to
the jurisdiction of the dismissing authority was not taken in the course
Qf departmental proceedings.
The Division Bench dismissed the appeal
principally on the ground of delay through it was disposed to hold that
during the Departmental enquiry the rules of natural ju,tice had been
violated.
With certificate appeal was filed in this Court.
HELD : (i) The question• whether there was b;a,, ill-will mala{id-..
or • due opportunity to be heard or to produce evidence, given in tbe
ooune of departmental proceedings, are so largely questions of fact that
it i•. difficult to decide them merely on conflicting assertions made by
aftidavits gLven by the t""' sides. The mere fact that the Deputy Commissioner's orders were alleged to have been disobeyed did not 'make. him
a complainant and a witness.
Therefore, quite apart from the ground
of delay in Jilin!! the Writ Petition, the assertions .and countcr-as.,,rtions
made on merits were of such a nature that, in accordanee with the rule
laid down bv this Court in Union of India v. T. R. Varma, the Writ Petition
rould have been dismissed on the ground that it is not the practice of
Courts to decide such dispute questions Qf fact.in proceedings under Art.
226 of the ('.onstitution.
[724 B.CJ
Union of India v. T. R. Varma, [1958] S.C.R. 499 applied.
(ii) The ,High Court w .. right in dismiasing the appellant's petition
012 the ground of delay.
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Th' most that the High Court cool<l have done in the present cue
was to quash the order of dismissal and to leave the authorities free t<>
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take proceedings against the appellant.
The appellant would then llftve
got another long period of years in front of him to go on contesting the
validity of proceedings against him until he had gone past the age of
retirement.
In such cases. it is imperative, if the petitioner wants to
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K, K. DAS \I, WEST BENGAL (Beg, /,)
719
invoke the extraordinary remedies available under Art. 226 of the Coru.·
titution, that be should some to Court at the earliest reasonably p°""bt•
opportunity, If there. is delay in getting an adjudication, a suit for damage<
actually sustained by wrongful dismissal may become the more or C'I'!"'
the only appropriate means of redress.
Every case depends upon 1t•
own facts.
[725 F-Hl
Rubindra Nath Bo>e & Ors. v. Union of India & Ors. [19701 (2\
S.C.R. 697 applied.
S:ate of Madhya Pradesh v. Bhai!al & Ors., [1964] (6) S.C.R. 261 referred to.
·
Chandra Blwshan & Anr. v. Deputy Director of Consolidation Regio/1111
U.P. cl Ors.,' [19671 (2) S.C.R. 286 disti

## Text

718
KAMINI KUMAR DAS CHOUDHURY
v.
STATE OF WEST BENGAL & ORS.
July 24, 1972
[A. N. RAY AND M. H. BEG, JJ.l
Comtitution of India, A.rt. 226-Lache.• in filing writ petition-Court
m., reflue discretionary rttntdy-Disputed questiom of fact arising out
of ,etitio,._Proptr remedy i.J a suit in a Civil Court,
The appllant whu was a Sub.Jnapector of polic~ in the Enforcemc;11
l'lranch of the Calcutta Police wa.• ordered by the Deputy Coinmissioner
of Police to lftl'Cb a houee. He wu found by the' Assistant Colnmissiooer
of Police awa:. from his place of duty.
A d,epartmental enquiry wu
illltituted against him and the 1ald Allistant Commissioner of )'ohce w11
appointed the Enquiry Officer. . After the report of the Enqujry Officer
t6e appellant was dismissed by the Deputy Commissioner of Police ott
1·8·1951. The appeal preferred· by the appellant to the Inspector General
of Police waa diamissed on 27-10.1951.
Thereafter the appellant aubmitted a memorial to the Government of West Bengal. · He filed a petition
in the High Court under Article 226 of the Ooristitution on 9th September
1953, The delay was explained b,- him bv saying that fearing harassment
l.lld oppression by the Police be had gone away to the Andaman Island•
in November. 1952.
A single judge of the High Court dismissed the
petition on the prelim: . ry grounds namely, (i) that there wasi inordinate
delay in ftpproaching 1i1e High Court, and '(ii) that the objection as to
the jurisdiction of the dismissing authority was not taken in the course
Qf departmental proceedings.
The Division Bench dismissed the appeal
principally on the ground of delay through it was disposed to hold that
during the Departmental enquiry the rules of natural ju,tice had been
violated.
With certificate appeal was filed in this Court.
HELD : (i) The question• whether there was b;a,, ill-will mala{id-..
or • due opportunity to be heard or to produce evidence, given in tbe
ooune of departmental proceedings, are so largely questions of fact that
it i•. difficult to decide them merely on conflicting assertions made by
aftidavits gLven by the t""' sides. The mere fact that the Deputy Commissioner's orders were alleged to have been disobeyed did not 'make. him
a complainant and a witness.
Therefore, quite apart from the ground
of delay in Jilin!! the Writ Petition, the assertions .and countcr-as.,,rtions
made on merits were of such a nature that, in accordanee with the rule
laid down bv this Court in Union of India v. T. R. Varma, the Writ Petition
rould have been dismissed on the ground that it is not the practice of
Courts to decide such dispute questions Qf fact.in proceedings under Art.
226 of the ('.onstitution.
[724 B.CJ
Union of India v. T. R. Varma, [1958] S.C.R. 499 applied.
(ii) The ,High Court w .. right in dismiasing the appellant's petition
012 the ground of delay.
A
B
c
0
E
F
G
Th' most that the High Court cool<l have done in the present cue
was to quash the order of dismissal and to leave the authorities free t<>
H
take proceedings against the appellant.
The appellant would then llftve
got another long period of years in front of him to go on contesting the
validity of proceedings against him until he had gone past the age of
retirement.
In such cases. it is imperative, if the petitioner wants to
c
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K, K. DAS \I, WEST BENGAL (Beg, /,)
719
invoke the extraordinary remedies available under Art. 226 of the Coru.·
titution, that be should some to Court at the earliest reasonably p°""bt•
opportunity, If there. is delay in getting an adjudication, a suit for damage<
actually sustained by wrongful dismissal may become the more or C'I'!"'
the only appropriate means of redress.
Every case depends upon 1t•
own facts.
[725 F-Hl
Rubindra Nath Bo>e & Ors. v. Union of India & Ors. [19701 (2\
S.C.R. 697 applied.
S:ate of Madhya Pradesh v. Bhai!al & Ors., [1964] (6) S.C.R. 261 referred to.
·
Chandra Blwshan & Anr. v. Deputy Director of Consolidation Regio/1111
U.P. cl Ors.,' [19671 (2) S.C.R. 286 distinguished.
[Dismissing the appeal on the above grounds the Court however ob-
•erved toot in such cases it was undoubtedly just and proper that the Cft·
quiry and punishme~t proceedings should have been entrusted to more
unbiased and independent officers.)
CIVIL APPELLATE JURISDICTION : c. A. No. 1162 of 1967.
Appeal by certificate under Article 133 of the Constitutlon
of India from the judgment and order dated 14th May 1963 of
the Calcutta High Court in Appeal from Order No. 44 of 1958.
Govinda Mukhoty, Rathin Das and G. S. Chatterjee,
for
the appellant.
P. K. Chakravarty and Prodyat Kumar Chakravarty, for the
respondents.
The Judgment of the Court was delivered by
Beg, J.
The appellant was jl Sub Inspector of Police serving in the Enforcement Branch of the Calcutta Police on 20th
May 1951, when he was qrdered by S. Mukherji, Deputy
Commissioner of Police, Enforcement Branch, to search a house
at 1312 Sir Guru Das Road, ·in Kanku'rgachi Basti.
He alleged
that the search concluded at 6-30 a.m., and, thereafter, he had
gone to take1 tea "with the pennission and/or knowledge of his
immediate superior Sub Inspector S. N. Bose".
We fail to
understand what the appellant exactly meant when he swore. in
his affidavit, that he had gone to take tea "with the permission
and/or knowledge"of his immediate superior officer.
He could
not reasonably be believed to be uncertain on such a point. The
appellant alleged that he was met by the Assistant Commis·-
siolier. of Police, Ataur Rahman, when he was coming back:.
after taking tea, to the place of search, but he was still at a
distance of about one furlong from the assigned place of duty.
He alleged that the Assistant Commissioner charged the appellant, immediately on accosting hlm, with dereliction of his duties,
with disobedience of the order to remain at the post of his duty,
720
SUPREME COURT REPORTS
[l<n3] l S.C.R.
with carrying out the search perfunctorily, with disloyalty and
giving away of information of proposed searchs to offending
members of the public so that the purpose of the search, which
was said to be detection of spurious ration cards, ·may be defeated.
It was stated that the appellant was immediately suspended and
the Assistant Commissioner Ataur Rahman was appointed the
Enquiry Officer.
The appellant also alleged certain violations
of the rules under the Police Regulations in Bengal, mainly by
not making the charges or their particulars clear to him and by
not affording due opportunity to the appellant to offer his defence
or to cross-examine witnesses·.
Furthermore, the appellant
alleged that the proceeding was the result of the bias and ill·
will of Deputy Commissioner of Police, S. Mukherji, against him,
because the appellant had taken some proceedings against "antisocial elements" who were, according to him, friendly with the
Deputy Commissioner of Police. The appellant also assrted that
he was harassed by false and frivolous criminal proceedings
under the Essential Supplies Act and under Section 124-A l.P.C.
in October, 1951, due to this grudge of the Deputy Commissioner against him.
The appellant had, however, been duly
served with show cause notices at two stages and had produced
evidenee which the Enquirying Officer considered relevant. Permission to call other evidence, considered irrelevant and to crossexamine some witnesses, who had not been relied upon by
the prosecution, was not given.
The five prosecution witnesses
relied upon by the prosecution were cross-examined by the
appellant.
He had also examined seven defence witnesses.
After the report of the Enquirying Officer against the appellant, he
was dismissed from the Police Force by the Deputy Commissioner of Police, S. Mukherji, on 1-8-1951.
The appeal pr1>
ferred by the appellant to the Inspector General of Police was
also dismissed on 2 7-10-19 51.
Thereafter, the petitioner had
submitted a memorial to the Govt. of West Bengal.
He also
stated that fearing "harassment and oppression" by the Police
he went away to the Andaman Islands in November, 1952. He
had filed his petition under Article 226 of the Constitution on
9th September, 1953.
The appellant's petition was dismissed on 11-9-1957 by a
learned Judge of the Calcutta High Court on two preliminary
grounds : firstly, that there was inordinate delay on the part of
the appellant in approaching the High Court; and, secondly, that
the objection to the jurisdiction of the dismissing authority, the
Deputy Commissioner of Police, was not taken, in the course of
Departmental proceedings, so that it could not be allowed to
be raised before the High Court for the first time.
It appears
that the main point argued, on merits, before the learried Single
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K, K. DAS v. WES'i' llENGAL (Beg, /,)
72 I
Judge, was the absence of power in the Deputy Commissioner
of Police, who was said to be an authority lower in rank than
the appointing authority of the appellant, to dismiss the appellant
from service.
Although it was held that the appellant was
debarred from raising this question, as it was not raised during
departmental proceedings, yet, the learned Single Judge thought
it fit to consider and decide it.
The learned Judge held that
the Deputy Commissioner of l'olice seemed to be of the same
grade and status as the Principal oi the Police Training School,
Sharda, with the rank of a "Superintendent",
and who had
appointed the appellant, so that there was no violation of Article
311 ( 1) of the Constitution. And, in any case, the dismissal was
confirmed by the higher authority of the Inspector General. The
learned Single Judge had also found no substance in the plea
of alleged ill-will and mala{ides on the part of the Deputy Commissioner of Police, S. Mukherji.
Furthermore, the learned
Judge had found it "difficult to swallow" the appellant's assertions that he had gone away to the Andaman Islands to avoid
prosecution as he was afraid of being arrested under the Preventive Detention Act.
Such strange conduct, indicating a possible
sense of guilt even if the appellant's assertions could be true, was
not found to be natural. Hence, the explanation for delay given
by the appellant was rejected by the learned Judge.
On appeal from the decision of the learned Single Judge, a
Division Bench of the Calcutta High Court dismissed it principally
on the ground of inordinate delay despite the fact that the Division Bench was disposed to hold that rules of natural justice had
been violated in the Departmental Enquiry against the appellant.
The Division Bench, however, observed that it appeared "that
the grounds raised against the proper conduct of the Enquiry
and refusal of some of the prayers of the appellant made during
its pendency were not pressed before the Trial Judge".
The
Division Bench also rejected the explanation of the delay put
forward by the appellant. It held that, although it appeared that
a complainant had assumed the role of a judge in departmental
proceedings against the appellant, yet, the inordinate delay in
approaching the Court was fatal to the success of the appellant.
It observed : "If the appellant before us had been able to give a
satisfactory explanation as to why he could not move the Court
within a few weeks after June 1952, we would have felt disposed
to allow the appeal. As noted already, there is no corroboration
of the appellant's statement that he had gone away to the Andaman Islands or of the fact that he had fled the country through
H
fear of prosecution by the respondent No. 3".
The appellant had obtained a certificate of fitness of the case
for appeal to this Court under Article 133 (1 )( c) of the Consti-
722
SUPREME COURT RBPORTS
[1973] 1 s.c.R.
tution, because it was contended on behalf of the appellant that,
a~ the application under Article 226 of the Constitution had
been made within a period of 3 years from the original order of
dil1missal, a suit, if filed for a declaration that the dismissal was
wrongful, would have been within time. It appears that reliance
Wli placed for this contention on the following observations of
Du Gupta, J, in State of Madhya Pradesh v. Bhai/al & Ors.( 1),
(at page 273-274) :
"It appears to us however that the maximum period
fixed by the legislature as the time within which the
relief by a suit in a civil Court must be brought may
ordinarily be taken to be a reasonable standard by which
delay in seeking remedy under Article 226 can be measured. This Court may consider the delay unreasonable
even if it is less than the period of !imitation prescribed
for a civil action for the remedy but where the delay is
more than this period, it will almost always be proper
for the Court to hold that it is unreasonable".
In Bhilal's case (Supra), the question before this Court was
whether an amount of money illegally realised .is tax under a
legally void provision could be ordered to be refunded.
Thi6
Court held that, if the aggrieved' person came to the High Court
within the period of limitation prescribed for ordinary suits for
cl!.allenging an illegal exaction under a void order, the writ could
iiliue.
It, however, made it clear that this was not an inftexible
rule which could be applied to the exercise of discretionary power
uader Article 226 of the Constitution in every case. It cautioned
"At the same time we cannot lose sight of the fact
that the special remedy provided in Article 226 is not
intended to supersede completely the modes of obtaiaing
relief by an action in a civil court or to deny defences
legtimately open in such actions. It has been made clear
more than once that the power to give relief under Article
226 is a discretionary power. This is specially true in the
case of power to issue writs in the nature of mandamus.
Among the several matters which the Hi.gh Courts rightly
take into consideration in the exercise of that discretion
is the delay made bv the aj!'grieved party in seekinj!' this
special remedy and what excuse there is for it. Another
is the nature of controversy of facts and law that may
have to be decided as regards the availability of consequential relief. Thus, where as in these cases. a person
comes to the Court for relief under Article 226 on the
allea.ation that he has been assessed to tax under a void
legislation ancf having uaid it under a mistake is entitled
to get it back the court, if it finds that the assessment
ni ft964J 6 s.c.R. 261.
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K. K. DAS I'. WEST JIENG/IL (Beg, J.)
was void, being made under a void provision of law,
and the payment was made by mistake, is still not
bound to exercise its discretion directing repayment.
Whether repayment should be ordered in the exercise
of this discretion will depend in each case on its own
facts and circumstances. It is not easy nor is it desirable to lay down any rule for universal application.
It may however he stated as a general rule that if
there has been unreasonable delay the court ought not
ordinarily to lend its aid to a party by this extraordinary remedy of mandamus. Again, where even if
there is no such delay the Government or the statutory
authority against whom the consequential relief is
prayed for raises a prima facie triable issue as regards
the availability of such relief on the merits on the
grounds like limitation the Court should ordinarily
refuse to issue the writ of mandamus for such payment.
In both these kinds of cases it will be sound use of discretion to leave the party to seek his remedy by the
ordinary mode of action ill a civil court and to refuse
tp exercise in his favour the extraordinary remedy under
Art. 226 of the Constitution".
7 ., .. -..
In the case before us, we find that at least the followin11: qllOlitions on which both sides made conflicting assertions in affidnit•
before the Court, were seriously disputed : ( 1) Was the appellant
denied due opport:mity to adduce any relevant evidence or (<'
cross-exainine witnesses? (2) Did the Deputy Commissioner of
Police, who had passed the dismissal order, become a comp1ainnt
or a necessary witness in the case so that he could not award punishment simply because he had passed the order which the appellant
was shown to have disobeved?
(3) Was there anv actual biai;
on the part of the dismissing authority, or, in other words, vraio
the order of dismissal vitiated by malafides ? Perhans,
it wa.
for this reason, as the Division. Bench had observed, that the
appe!iant did not press his case on disputed questions of fact
before the Single Judge.
Although, the appellant raised theie
points .in appeal, yet, the Division Bench was only impressed by
the submission that the Deputy Commissioner of Police was ia.
the position of a complainant who could not act as a Judge. But.
we find that the actual violation of the order of the Deputy Commissioner was detected by other officers. It is true that the Enquiring Officer had made certain charges against the appellant
when he found him returning from somewhere, one furlong
romoved from the place where, according to orders given, the
appellant ·should have been present then, yet, he had merely
collected evidence against the appellant and made a report. It
oould more properly be said that he and not the Deputy Com·
missioner of Police was the accusing officer. In such cases it is
124
SUPREME COURT REPORTS
[1973] 1 S.C.R.
undoubtedly just and proper that the enquiry and punishment
proceedings should both be entrusted to other officers who may
appear to be more unbiased and independent. Nonetheless, the
questions whether there was bias, ill-will, malafides, or a due
opportunity to be heard or to produce evidence, given in the
course of departmental proceedings, are so largely questions of
fact that rt is difficult to decide them merely on conflicting assertions made by affidavits given by the two sides. The mere fact
that the Deputy Commissioner's orders were alleged to have been
disobeyed did not make him a complainant and a witness. We,
therefore, think that, quite apart from the ground of delay in
filing the Writ Petition, the assertions and counter-assertions
made on merits were of such a· nature that, in accordance with
the rule .laid down by this Court in Union of India v. T. R.
Varma( 1) the \'.\'rif Petition could have been dismissed on the
ground that it is not the practice of Courts to decide such dis·
puted questions of fact in proceedings under Article 226 of the
Constitution.
Other proceedings are more appropriate for a
.iust and proper decision of such questions.
We find that the position taken up in affidavits filed on behalf
of the State and the Police authorities of West Bengal was that
the appellant's case was, according to them, considered fairly and
impartially and that there was no grudge or ill-will operating
against him.
The Cale:,. '.a High Court had specifically repelled
the allegations of malafides and ill-will. If, however, the appellant considers that there is substance in any of his allegations,
we think it is best to leave him free to go to an ordinary Civil
Court for such relief by way of declaration or damages as may
.still be open to him.
At any rate, we do r.ot think that the
discretion of the learned Single Judge and the Division Bench,
with regard to a delay which defeated the petitioner's right to
a discretionary relief, could be interfered with by us in this case.
Learned Counsel for the appellant had relied upon Chandra
Bhushan &: Anr. v. Deputy Director of Consolidation (Regional)
U.P. &: Ors.( 2 ), where this Comt has set aside an order of the
Allahabad High Court .. dismissing a Writ Petition in Ii mine by
"exalting a rule--of practice into a rule of limitation", so that a
few days' delay, shown to have been caused by the closing of
the office of the Court for Diwali holidays was not condoned by
· the Allahabad High Court. We do not think that the case cited
could apply to the facts of the case before us where the peculiar
ext>lanation given by the petitioner-appellant for the delay in filing
his Writ Petition for so long had been disbelieved by both the
learned Single Judge and the Division Bench on good and reasonable grounJs.
(I) [19S8] s.c.R. 499.
(2) [1967] 2 S. C.R. 286.
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725
Rabindra Nath Bose & Ors. v. Union of India & Ors. l 1),
was also referred to in the course of arguments, although this
case relates to the exercise of the powers of this Court under
Article 32 of the Constitution. It was said there by this Court
(at- page 712) :-
"But after carefully considering the matter, we are
of the view t)lat no relief should be given to petitiopers
who without any reas~nable explanation, approach this
Court under Article 32 of the Constitution after inordi·
nate delay.
The highest Court in this land has been
given O;:iginal Jurisdiction to entertain petitions u11der
Article 32 of the Constitution. It could not have been
the intention that this Court would go into stale
demands after a lapse' of years. It is said that Article
32 is itself a guaranteed right.
So it is, but it does not
follow from this that it was the intention of the Constitution makers that .. this Court should discard all principles and grant relief in petitions filed after inordinate
delay".
If this is the position with regard to the petitions under
Article 32 of the Constitution, we do not think that the rule that
delay defeats the rights of a party to seek redress, by means of
prerogative Writ under Article 226 of the Constitution, could
be held to be abrogated merely because, if the claim had been
brought in a Civil Court, the period of limitation would not have
expired.
The question in such cases is always whether relief
under Article 226 of the Constitutiol\ could more justly and properly be given than by leaving the parties to the ordinary remedy
of a suit. A case in which a tax is imposed under a clearly void
law is different from one where seriously contested questions of
fact have to be decided before an order of dismissal could be
held to be void. In the case before us, the most that the High
Court could have done was to· quash the order of dismissal and
to leave rJ!e l)Uthorities free to take proceedings afresh against
the appellant. The appellant would then have got another long
period of years in front of him to go on contesting the validity
of proceedings against him until he had _gone past the age of
retirement. In such cases, it is imperative, if the petitioner wants
to invoke the extraordinary remedies available under Article 226
of the Constitu•ion, that he should come to Court at the earliest
reasonably possible ooportunity. If there is delay in getting an
adiudication, .a suit for damages actually sustained by wrongful
dismissal may become the more or even the only appropriate
means of redress. Every case depends upon its own facts.
(I) [191012 s.c.R. 697.
SUPREME COURT REPORTS
(1973] l 5.C.R.
We may mention that the Division Bench of Calcutta High
Court had, treating the case as one for a mandamus to reinstate
the appellant, relied upon the statements in Halsbury's Laws of
E11gland. (Third Edition, Volume 11, page 73 article 133) that
"r.xcept in a case where the delay is accounted· for mandamus
,.,ill not be granted unless supplied for within a reasonable time
after the demand and refusal''.
The Division Bench had al~o
referred to Farris on "Extraordinary Legal Remedies"
(page
228), to hold that not only; on an analogy from the Statute of
limitation in civil cases, a reasonable period may be indicated
for applications for writs of mandamus, but
relief
may
be
refused on the ground of acquiescence and presumec\ abandonment of the right to complain inferred fr9m inordinate delay. It
rightly observed that !aches is a well established ground for
refu~al to .exercise the discretion to issue a writ.
The Division
Bench had also referred to public interest or public policy which
could be taken into account in cases where a public servant had
eome to a Court for an order in the nature of mandamus for
r•instat. ·ment.
It had held that, in such cases, promptness on
the part of the aggrieved servant is es.sential for invoking the
extraordinary jurisdiction of a High Court so that the State is
Aot called upon to pay unnecessarily for the period for which the
(&missed servant is not employed by it. Indeed, delay may m .. i:e
lhe motives of the dismissed servant, who may have some technical
11round to urge against the dismissal, suspect.
We think that
mere are good grounds here for a refusal to exercise the discretion
to interfere with the impugned order of dismissal.
The result .s that we dismiss this appeal.
The parties will
hear their own costs.
G.C.
Appeal dismissed.
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