Delayed approach seeking legal remedy impermissible: Court

Justice Subramonium Prasad while dismissing a plea moved by an ex-cop seeking notional promotion as sub-inspector from 1985 and grant all consequential service benefits said “Thepetitioner had filed this writ petition after his retirement in 2010. It is settled law that unexplained delay in approaching the court, acts against the petitioner. On the face of it, the writ petition is barred by delay.”

The judge in his order also referred to the Supreme Court order which held that belatedapproach in filing writ petition is impermissible as in the meantime the interest of third parties gets ripened and further interference after enormous delay is likely to usher in a state of anarchy.

The SC order also held “The acts done during the interregnum are to be kept in mind and should not be lightly brushed aside. It becomes an obligation to take into consideration the balance of justice or injustice in entertaining the petition or declining it on the ground of delay and laches. It is a matter of great significance that at one point of time equity that existed in favour of one melt into total insignificance and paves the path of extinction with the passage of time.”