Patna High Court - Orders
Professor Rajeshwar Prasad Roy vs The State Of Bihar And Ors on 23 December, 2020
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 1482 of 2019
======================================================
Professor Rajeshwar Prasad Roy
... ... Petitioner/s
Versus
The State of Bihar and others
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. M N Parbat, Sr. Advocate with
Mr. Ved Prakash Srivastava, Advocate
For the State : Mr. Vivek Anand Amritesh, AC to SC 28
For the JP University : Mr. Nagendra Kumar Singh, Advocate
For the BRA Bihar University : Mr. Indrajesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
9 23-12-2020The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.
2. Heard Mr. M N Parbat, learned senior counsel along with Mr. Ved Prakash Srivastava, learned counsel for the petitioner; Mr. Vivek Anand Amritesh, learned AC to SC 28 for the State; Mr. Nagendra Kumar Singh, learned counsel for JP University and Mr. Indrajesh Kumar, learned counsel for BRA Bihar University.
3. Pursuant to order dated 05.12.2020, supplementary Patna High Court CWJC No.1482 of 2019(9) dt.23-12-2020 2/4 counter affidavit has been filed on behalf of JP University.
4. Learned counsel for the petitioner submitted that copy of the same has been served on him only yesterday and certain facts have been stated which would require reply. He further submitted that the JP University is treating the matter very casually inasmuch as the matter has been heard on many occasions and every time the Court has adjourned the matter for the JP University to file affidavit, some payment has been made. It was further submitted that the same clearly indicates that the JP University has not been dealing fairly with its retired employees and paying whatever is due and admissible to such retired employees at one go and only when matters are brought before the Court, the authorities make payment, that too, in a piecemeal manner.
5. The Court finds that the so-called supplementary counter affidavit is merely a signed document without being supported by any affidavit. The Court would pause here to indicate that for the last few months regular affidavit is being prepared and everyday pleadings are being e filed before the Court supported by affidavit. The liberty and indulgence given to the parties not to comply with certain requirements relating to filing of applications/petitions cannot be stretched to such an Patna High Court CWJC No.1482 of 2019(9) dt.23-12-2020 3/4 extent that the requirements which are already being permitted and done, would also stand waived. The indulgence with regard to the physical filing of the pleadings only remains as the same has not yet started, but this would not give liberty to the parties not to upload/e file pleadings which are not supported by affidavit. At this juncture, the Court would also indicate that specific notice is also being printed in the cause list of the Court requesting learned counsel to ensure that all pleadings supported by proper affidavit are e filed before the Court prior to the case being heard, including those which may have been filed or those which are to be filed.
6. In any view of the matter, there is no justification as to why no affidavit is available with learned counsel and only a mere signed document has been e filed.
7. At this juncture, learned counsel for the JP University submitted that such affidavit has not been e filed because of some personal issues. However, he undertook that supplementary supported by a proper affidavit shall be e filed before the Court by tomorrow. Though the Court does not find any justification of there being no affidavit e filed, still by way of last indulgence, let learned counsel for JP University e file the supplementary, supported by affidavit, by tomorrow, failing Patna High Court CWJC No.1482 of 2019(9) dt.23-12-2020 4/4 which heavy cost shall be awarded against the JP University. The matter be listed on 18th January, 2021.
8. In the meantime, learned counsel for the petitioner shall also file his detailed response.
(Ahsanuddin Amanullah, J) Anjani/-
U