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Civil · Reportable judgment

The State of Rajasthan & Ors. vs Surji Devi

Court
Supreme Court of India
Date
7 October 2021
Case No.
Civil Appeal No.6205 of 2021
Result
Allowed
Bench
M.R. Shah, A.S. Bopanna
Citation
[2021] 8 S.C.R. 641 : 2021 INSC 631
Supreme Court Reports [2021] 8 S.C.R. 641 : 2021 INSC 631
Headnote

Constitution of India – Writ petition – Delay and laches – Respondent’s husband terminated from service in 1996 – Appeal filed by him, however, during the pendency of the said appeal he passed away in 2009 – Appeal not pursued by respondent – Writ petition filed by her in 2012 challenging the 1996 termination order – Allowed – Held: Writ petition was barred by delay and laches – Single Judge erred in entertaining the same – Further, despite the pending appeal and the respondent’s specific prayer in writ petition to direct the authority to decide the same, the Single Judge entered into the merits of the case and quashed the order of termination – Impugned judgments passed by the Division Bench as well as the Single Judge, set aside – Rajasthan Panchayati Raj Act, 1994 – ss.91(3), (4) – Rajasthan Services Rules, 1951 – r.86.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 01.03.2019 passed by the High Court of Judicature for Rajasthan at Jodhpur in D.B. Special Appeal Writ No. 1045 of 2018, by which the Division Bench of the High Court has dismissed the said appeal and has confirmed the order dated 17.01.2017 passed by the learned Single Judge by which the learned Single Judge quashed and set aside the order of termination dated 16.12.1996 dismissing the late husband of the respondent from service, the State of Rajasthan a
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