1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5497/2007 Vivek M.Gadhve Petitioner Vs. Union of India and Anr. Respondents Vishwanath Talkute Adv.for petitioner Mr.R.V.Govilkar for Res.1 & 2 CORAM : J.N.PATEL & MRS.MRIDULA BHATKAR,JJ. DATED : 20TH APRIL,2009 P.C. . Heard. 2] This petition is filed under Article 226 of the Constitution of India challenging the order passed by respondent no.2 i.e. the appellate authority dated 7/3/2007 as well as the order dated 10/9/2005 passed by Bombay Engineer Group (B.E.G.)and Center, Pune .The petitioner is discharged from the service under the Army Rules i.e. Rule 13(3)(iii)(V) being an inefficient soldier; as he failed to qualify the physical test in the training. In our view apart from the merits petition suffers from delay and latches as he was discharged on 10/9/2005 but failed to approach this Court within reasonable time. 2 The petition is dismissed in limini with no order as to costs. (J. N. PATEL , J ) (MRIDULA BHATKAR, J)