The Bombay High Court has dismissed a petition filed by a former bank clerk challenging dismissal from service,observing that the petition suffers from gross delay and latches as the aggrieved person had not challenged the management8217;s decision within a reasonable time frame.
The petitioner,Laxman Chougale,has not explained why it took him 14 years after his dismissal from Union Bank of India in 1991,to make a representation to it8217;s Chairman and Managing Director regarding the bank8217;s decision to terminate his service,Justice Rajesh Ketkar and S A Bobade said recently.
8220;In our opinion,the petitioner has not made out any cause,much less sufficient cause for entertaining this petition. It suffers from gross delay and latches,8221; the judges opined.
8220;We decline to exercise extra ordinary powers under Article 226 of the Constitution of India in respect of a stale claim. In view thereof,the writ petition fails and the same is dismissed. Rule is discharged,8221; the judges noted.
The petitioner had challenged the order of dismissal dated July 24,1991 passed by Enquiry officer-cum-Disciplinary authority,Union Bank of India. He had also challenged the order of the Appellate Authority of November 18,1991,upholding his dismissal from service.
After 14 years,he had made a representation to CMD of the Bank who also rejected his plea in 2005. Being aggrieved,he filed a petition in the High Court recently.
The Court noted that firstly it took the petitioner 14 years to file a representation to CMD of the Bank and when it got rejected he filed a petition in the High Court after a gap of seven years. As the petitioner could not convince the Court about the delay,the petition was rejected.