Ought To Have Ensured Timely Filing Of Petition: Telangana HC Declines To Condone Over 5-Yr Delay By Judicial Officer In Challenging Dismissal

The Telangana High Court has dismissed a writ petition filed by a judicial officer (Junior Civil Judge) challenging her dismissal order that was issued in 2019.

The petitioner had approached the court contending that although her dismissal order was passed in 2019, she could not approach the court at an earlier date due to her non-cooperative counsel. She also contended that the worldwide lockdown caused due to the Covid pandemic made it impossible for her to approach the court in a timely manner. Thus, she prayed that her dismissal order which was illegal and arbitrary be set aside.

The division bench of Justice P Sam Koshy and Justice Narsing Rao Nandikonda noted that despite the dismissal order being passed in 2019 the petitioner had approached a lawyer only in 2022.

"When the petitioner had approached one lawyer who for whatsoever being the reason had not filed the petition promptly, the petitioner being a Judicial Officer ought to have been cautious enough to ensure that she files a petition immediately either by engaging another lawyer or by filing a petition herself. The explanation so provided by the petitioner is not justifiable or plausible explanation for the inordinate delay of more than 5½ years."

The bench further also pointed out that the original order of dismissal was passed 11 months prior to the lockdown, giving the petitioner sufficient time to approach the court. The bench came down hard on the petitioner for taking the plea of ignorance despite being a judicial officer herself.

"Apparently when there is a clear laxity on the part of the petitioner in asserting her right and trying to rekindle the cause of action which the petitioner herself had forsaken for a long period, discretion cannot be exercised in favour of such a person."

It noted that although the statute does not provide for a limitation period within which a writ is to be filed, the bench cannot ignore the glaring laxity on the part of the petitioner.

Thus, owing to the fact that the explanation given by the petitioner was a 'weak justification' which was 'not plausible' the writ petition was dismissed.

A.R. Vilasitha vs State of Telangana.

Counsel for petitioner: Dr. K. Lakshmi Narasimha

Counsel for respondents: G. Vidya Sagar, learned Senior Counsel representing Ms. Udaya Sri and GP for Law and Legislative.

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