Service Law – Delay and Laches – Non-communication of adverse entries in ACR – challenge to promotions – Third-party rights – Representation for promotion – Promotion on adhoc basis – Non-communication of adverse entries in the ACRs of a judicial officer within a reasonable period has civil consequences and may affect chances for promotion or other benefits.
Delay and laches in challenging service-related matters, especially with respect to promotion, may render the claim stale, particularly if third-party rights have accrued in the meantime. The doctrine of laches applies, and petitions challenging promotions should be filed within a reasonable time, typically six months to a year, to avoid unsettling settled matters and affecting the morale of those already promoted.
Interference with promotions may adversely affect settled rights of third parties, and promoting a petitioner with retrospective effect after a considerable delay could have serious administrative and financial implications.
The repeated filing of representations does not justify the delay in approaching the court for relief, and such claims are considered dead and stale issues, deprecated by the courts. Interference in such cases would impede the court’s consideration of genuine grievances and should be avoided to maintain administrative efficiency and fairness. (Para 18, 31, 33, 34)
HIGH COURT OF HIMACHAL PRADESH
2024 STPL(Web) 9 HP
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Aman Sood Vs. High Court Of Himachal Pradesh And Others
CWP No. 9175 of 2012-Decided on 02-01-2024
https://stpllaw.in/wp-content/uploads/2024/05/2024-STPLWeb-9-HP.pdf
