2004 INSC 1127
                                    SUPREME COURT OF INDIA

                                                Suresh Chand

                                                      Vs.

                                               Union of India

                                          C.A.Nos.20739 of 2003

                           (Y. K. Sabharwal and D. M. Dharmadhikari JJ.)

                                                 01.10.2004

                                                   ORDER

1. Leave granted.

2. Notice was issued to the respondent stating that as to why the impugned judgment of the
High Court be not set aside and the writ petition be remitted to the High Court for fresh
decision after hearing counsel for the parties.

3. The High Court by the impugned judgment has dismissed the writ petition on the ground
of being highly belated. Having regard to the facts and circumstances of the case, we are of
the view that the writ petition deserves to be examined on merits. Insofar as the petition
being belated, it may be noticed that the appellant was informed about the dismissal of his
statutory complaint by the Central Government on 7th May, 2002 and the writ petition was
filed by him in May, 2003. We do not think that there is such a delay as to merit the
dismissal of the writ petition solely on the ground of it being belated. We refrain from
expressing any opinion on merits.

4. In view of the aforesaid, we set aside the impugned judgment and remit Civil Writ Petition
No. 3702 of 2003 for its fresh decision by the High Court. The High Court would do well to
decide the petition expeditiously, preferably within a period of six months. The parties shall
appear before the Registrar General of the High Court on 11th October, 2004 for direction as
to the fixing of the matter.

5. The appeal is disposed of accordingly.

1  SpotLaw