Binay Kumar & Ors vs The Bihar Legislative Assembly on 13 July, 2012

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Patna High Court - Orders

Binay Kumar & Ors vs The Bihar Legislative Assembly on 13 July, 2012

Bench: Navaniti Prasad Singh

                   IN THE HIGH COURT OF JUDICATURE AT PATNA

                              Civil Writ Jurisdiction Case No 4617 of 2006

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                 Binay Kumar & Ors

                                                                    .... ....   Petitioner/s

                                                Versus

                 The Bihar Legislative Assembly & Ors

                                                                   .... .... Respondent/s

                 ======================================================

                 CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH

                 ORAL ORDER



7   13-07-2012

While hearing this application, a counter affidavit on behalf of the Bihar Legislative Assembly was brought to the notice of this Court in which the stand taken by the deponent, who was the then Deputy Secretary, was, inter alia, that the Speaker of the Legislative Assembly virtually, on the eve of his resignation, ordered the appointments of the petitioners even though they were not eligible to be appointed. Learned counsel for the petitioners brought to the notice of this Court the ordersheet of the office of the Speaker of the Legislative Assembly in which, apart from other officials, this deponent himself, long before the resignation of the Speaker, had made recommendation for appointment of these petitioners after 2 Patna High Court CWJC No.4617 of 2006 (7) dt.13-07-2012 2/2 pointing out that the life of the panel, in which these petitioners were enrolled, has been duly extended. The assertion in the case, as tried to be made in the counter affidavit, prima facie, appears to be palpably false and deliberate to mislead the Court and casts aspersions on the Speaker of the Legislative Assembly. This is an extremely serious matter.

I, therefore, give the concerned respondent a chance to explain the position before proceeding further in the matter.

Put up on 30th July, 2012 under the same heading retaining its position.

Let it be noted that the then Deputy Secretary of the Legislative Assembly, who has sworn the affidavit on the earlier occasion, though had superannuated, is also personally present in the Court.

M.E.H./-                                      (Navaniti Prasad Singh)

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Patna High Court - Orders