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Allahabad High Court

SURESH KUMARversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

Statutory rights once approved cannot be set aside solely on the ground of laches, and the court may condone the delay by imposing exemplary costs.

Summary

The petitioner, a Class‑IV employee, filed a representation against a disciplinary order in 2013 but only appealed to the Deputy Director, Panchayat Raj, Bareilly on 16 May 2025, more than twelve years later. The appeal was dismissed on the ground of laches. The petitioner argued that unavoidable circumstances prevented a timely filing and sought condonation of the delay and a merits‑based decision. The High Court held that once a statutory right is granted, it cannot be withdrawn merely because of laches and that the delay may be condoned with an exemplary cost. Accordingly, the court directed the petitioner to deposit Rs 1,000 with the Allahabad High Court Bar Association and, upon receipt, ordered the respondent to consider the appeal on its merits within two months.

Issues considered

  • Can laches be invoked to reject a statutory appeal filed after an extended delay?
  • Whether a statutory right, once approved, can be cancelled solely on the ground of laches?
  • Whether the court may condone delay in filing a statutory appeal and impose exemplary costs?

Subjects

  • laches
  • statutory appeal
  • condonation of delay
  • disciplinary proceedings
  • public servant
  • administrative law
  • exemplary costs

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - A No. - 5500 of 2026

Suresh Kumar
                                                             .....Petitioner(s)
                                   Versus

State Of U.P. And 2 Others
                                                           .....Respondent(s)

Counsel for Petitioner(s)                         :   Amit Khanna
Counsel for Respondent(s)                         :   C.S.C.

Court No. - 6
                    HON'BLE PRAKASH PADIA, J.

1. Against the order passed by the Disciplinary Authority dated
09.01.2013 petitioner submitted a representation / appeal before the
respondent no.2 namely Deputy Director Panchayat Raj Bareilly Mandal,
District Bareilly on 16.05.2025 i.e., after more than 12 years and 5
months. The appeal was dismissed by the respondent no.2 vide its order
dated 31.01.2026 on the ground of laches.

2. It is argued that petitioner is a Class-IV employee (safaikarmi) and due
to unavoidable circumstances he was not able to file an appeal during the
prescribed time. Hence, a prayer has been made to condone the delay in
filing an appeal of the petitioner and direct the respondent no.2 to decide
the appeal on merits.

3. Heard counsel for the parties and perused the record.

4. From perusal of the record it appears that appeal filed by the petitioner
before the respondent no.2 is statutory in nature and the same was
rejected only on the ground of laches.

5. In this view of the matter, the Court is of the opinion that once the
statutory rights has been approved in favour of the petitioner the same
could not be cancelled only on the ground of laches and the laches should
be condoned by imposing some exemplary cost.

6. In this view of the matter, the petitioner is permitted to deposit the sum
of Rs.1,000/- with the Allahabad High Court Bar Association within a
                                                                                         WRIA No. 5500 of 2026
                                                                  2


                                    week from today and petitioner should placed the receipt of deposit
                                    along-with the certified copy of this order before the Respondent
                                    no.2 namely Deputy Director Panchayat Raj Bareilly Mandal, District
                                    Bareilly. If it is so, the Respondent No.2 will consider and decide the
                                    appeal submitted by the petitioner on merits after condoning the delay in
                                    filing the same, expeditiously and preferably within a period of two
                                    months from the date of presentation of receipt of amount along-with
                                    certified copy of this order.



                                                                                          (Prakash Padia,J.)
                                    April 20, 2026
                                    Swati




Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad


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