IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.975 of 2009 1. Surendra Pandey s/o Sri Parsuram Pandey he being mentally unfit and not in position to move this Hon’ble court stating the fact of his case, hence he is being represented through his wife and father respectively. 2. Smt. Sabita Devi w/o Surendra Pandey. 3. Sri Prasuram Pandey s/o Late Ram Beyas Pandey all R/o village- Chakki Police Station- Brahampur, Distt.- Buxar. … Petitioners/Appellants. Versus 1. The Union Of India, Ministry of Defence through Secretary Department of Defence, New Delhi. 2. Commanding Officer/Record Officer/ C.O.O./OC. 3. Assistant Record Officer. Both 3 H Q 5 Mountain Arty Bridage 02E (172 Fd Regt.) Topkhana Abhilekh Artillery Records Nasik Road Camp-422102. .. Respondents. ………… For the appellant : Mr. Ravindra Jee Sahai, Adv. For the respondent : Mr. Sarvadeo Singh, Adv. ----------- 2. 03.02.2010 Being aggrieved by the order of learned Single Judge dated 23.6.2009 passed in C.W.J.C. No. 6582 of 2009, the present appeal has been filed. On a perusal of the order passed by learned single Judge, it is evident that the appellant no. 1 has challenged his discharge from army which had taken effect in the year 1990. Having heard Mr. Ravindra Jee Sahay, learned 2 counsel for the appellant and Mr. Sarvadeo Singh, learned Standing Counsel for Union of India, we are of the considered opinion that the finding recorded by learned single Judge cannot be flawed inasmuch as the doctrine of delay and laches gets squarely attracted to the case of the present nature. In view of the aforesaid, we perceive no error in the order of learned single Judge and accordingly the appeal stands dismissed without any order as to costs. kanchan (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)