SooperKanoon Citation | sooperkanoon.com/653954 |
Subject | Service |
Court | Supreme Court of India |
Decided On | Mar-28-1977 |
Case Number | Criminal Appeal No. 8 of 1972 |
Judge | P.K. Goswami,; P.N. Shinghal and; Y.V. Chandrachud, JJ. |
Reported in | AIR1977SC1979; 1977CriLJ1574; (1977)2SCC584; 1977(9)UJ355(SC) |
Acts | Constitution of India - Article 226 |
Appellant | Naib Subedar Lachhman Dass |
Respondent | Union of India (Uoi)and ors. |
2. The writ petition filed by the appellant in the High Court shows that various ill conceived remedies were adopted by him after the Chief of Army Staff passed the order dated December 21, 1966. In December 1968, which it self was two years later, the appellant filed a writ petition in this Court under Article 32 of the Constitution which he withdrew on March 19, 1969. In May, 1969 he filed another writ petition under Article 32 which was dismissed by this Court on September 1, 1969. He then filed a review petition on August 3, 1969 which was dismissed by this Court on December 19, 1969. In February, 1970 he again moved this Court under Article 32 but, for a change, he alleged on this occasion that Order XV of the Supreme Court Rules was ultra-vires. That petition was dismissed on August 3, 1970 and one month thereafter he filed the pre sent writ petition in the High Court.
3. It may perhaps be that the appellant was misdirected in regard to the remedies which he should have adopted, but what stares one in the face is that it was for the first time in September, 1970 that the appellant invoked the extra-ordinary powers of the High Court under Article 226 of the Constitution for challenging the legality of an order dated December 21, 1966. The writ petition was filed after a gross delay for which there is no satisfactory explanation and, therefore, the High Court was justified in dismissing it summarily.
4. The appeal accordingly fails and is dismissed, but there will be no order as to costs.