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july 1972

Supreme Court of India · 1972-07-24

KAMINI KUMAR DAS CHOUDHURY vs STATE OF WEST BENGAL & ORS.

Citation / case number
SC 1967/333
Court
Supreme Court of India
Petitioner
KAMINI KUMAR DAS CHOUDHURY
Respondent
STATE OF WEST BENGAL & ORS.
Bench
BEG, M. HAMEEDULLAH

Judgment text excerpt

The Supreme Court held that the High Court correctly dismissed the appellant's writ petition under Article 226 of the Constitution due to inordinate delay in filing, as the appellant waited nearly two years after his dismissal to approach the court. The Court emphasized that questions of bias and natural justice in departmental proceedings are largely factual and not suitable for resolution in writ proceedings. The Court affirmed that the proper remedy for the appellant would be to file a suit for damages rather than seek a writ, as the delay undermined the extraordinary jurisdiction under Article 226.

KAMINI KUMAR DAS CHOUDHURY vs STATE OF WEST BENGAL & ORS. · Niyam