LPA No. 269 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No. 269 of 2010 (O&M) Date of decision 14.7.2010 Om Parkash ... Appellant Versus Financial Commissioner and Principal Secretary, Haryana and others ... Respondents. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. Ramesh Hooda,Advocate for the appellant 1.To be referred to the Reporter or not ? 2.Whether the judgement should be reported in the Digest ? M.M.KUMAR, J. The instant appeal filed by the writ petitioner under clause X of the Letters Patent is directed against judgement dated 11.9.2009 passed by the learned Single Judge in CWP No. 14201 of 2009. The learned Single Judge has recorded a finding that the writ petitioner- appellant was dismissed from service in the year 1984 on the charge that he remained absent from duty for a period of four months without any sanctioned leave. However, the writ petitioner- appellant has attributed his absence to the disease of Schizophrenia which he suffered in the year 1990 at the time when he was undergoing commando training. On account of his absence from duty, disciplinary proceedings were initiated and he was dismissed from service. The order of dismissal was challenged by the petitioner- appellant by the petitioner- appellant after a lapse of 12 years and 7 months. The appellate authority dismissed the appeal on the ground of delay and laches. The petitioner- appellant has stated before the learned Single Judge LPA No. 269 of 2010 (O&M) 2 that the delay was on account of his mental condition of suffering from Schizophrenia and that he has now recovered and is fit to perform the duty. The learned Single Judge has concluded that the delay would not come in a way. After hearing learned counsel, we are of the considered view that stale claim made by the person like the petitioner- appellant cannot be gone into especially when in a regular departmental enquiry the petitioner- appellant have been found guilty of charge. The filling of appeal after such a long delay of more than 12 years would certainly be fatal to the rights of the petitioner-appellant. There is thus no merit in the appeal and the same cannot be admitted. Accordingly, the appeal fails and the same is dismissed. (M.M.Kumar) Judge (A. N. Jindal ) 14.7.2010 Judge okg