Justice Delayed Is Justice Denied

Justice Delayed Is Justice Denied | "Salary Claim After 13-Year Delay? Article 226 Can't Be A Shelter For Sleepers": Patna High Court

Patna Excessive Courtroom dismissed a delayed unpaid wage declare, highlighting that even legitimate grievances will be denied if not pursued well timed, reaffirming the appliance of the doctrine of laches beneath Article 226 of the Structure.

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Justice Delayed Is Justice Denied | "Salary Claim After 13-Year Delay? Article 226 Can't Be A Shelter For Sleepers": Patna High Court

BIHAR: In a latest ruling that has caught the eye of authorized professionals and public servants alike, the Patna Excessive Courtroom in Ram Chandra Prasad vs. State of Bihar (LPA No. 135 of 2022) dismissed a declare for unpaid wage, not as a result of the declare lacked benefit, however as a result of it got here too late.

This case serves as a cautionary story for presidency workers and litigants, emphasizing that even legitimate grievances will be denied reduction if not delivered to court docket in time. The judgment is a textbook instance of how the doctrine of laches applies in Indian writ jurisprudence beneath Article 226 of the Structure.

Ram Chandra Prasad, a Junior Engineer employed beneath the Rural Works Division, Authorities of Bihar, claimed he was not paid his wage for a protracted interval from 1st November 2008 to thirty first January 2012. Over time, he made representations to numerous involved authorities however didn’t safe any decision.

In 2021, nearly a decade after the wage difficulty started, he lastly approached the Patna Excessive Courtroom by submitting Civil Writ Jurisdiction Case (CWJC) No. 7874 of 2021. The case was dismissed by a Single Choose Bench on grounds of unexplained delay and laches on 11.02. 2022.

The appellant, dissatisfied filed a Letters Patent Attraction (LPA No. 135 of 2022), which was heard by a Division Bench comprising Hon’ble Performing Chief Justice Ashutosh Kumar and Hon’ble Mr. Justice Partha Sarthy.

In its judgment on 27.06.2025, the Excessive Courtroom held the dismissal stating that the petitioner had “slept over his trigger” and failed to offer affordable justification for inordinate delay in approaching the Courtroom.

The Division Bench noticed that although representations have been remodeled time, mere correspondence with authorities doesn’t cease the clock on the subject of authorized rights. The Courtroom added that the writ jurisdiction is discretionary, and such discretion can’t be exercised in favor of those that method the Courtroom with stale claims.

Authorized Rules Concerned

Doctrine of Laches

The precept of laches is a authorized doctrine rooted in fairness. It bars a declare when there’s a unreasonable delay in asserting a authorized proper, inflicting prejudice to the other occasion. Indian Courts have constantly utilized this precept in service issues, particularly beneath Article 226, the place reduction shouldn’t be a matter of proper however topic to the discretion of the Courtroom.

Writ Jurisdiction Underneath Article 226

Article 226 empowers Excessive Courts to difficulty writs for enforcement of elementary and authorized rights. Nevertheless, the Courtroom workout routines this energy solely when the petitioner demonstrates due diligence and urgency. if there may be unexplained delay, the Excessive Courtroom could decline to intrude, even within the case with substantive authorized benefit.

This case has broader implications for 1000’s of public servants throughout India. It sends a transparent and robust message:

  • Well timed motion is essential
  • Administrative cures should not an alternative to judicial cures
  • Benefit alone don’t assure reduction

The dismissal of the enchantment on this case, is a authorized lesson. Justice isn’t just about being proper, it’s about appearing on the proper time. The case reaffirms the judiciary’s place that justice delayed in in search of will be justice denied, particularly when the authorized cures are discretionary and time delicate.

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