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9. Refuting the allegations contained in the writ petition, detailed counter-affidavits have been filed by the respondents. In the joint counter-affidavit of respondent Nos. 4 and 5, they have alleged that the writ petitions contain vague and indefinite allegations and they are made with political motive to satisfy their personal grudge and that this is an abuse of the process of the Court. The respondents have alleged that the public interest litigation shall not be used for private or political motives or for other consideration. It is also alleged that Special Case No. 5/1998 pending before the Special Judge is a case registered under sections 13(2) and 13(l) of the Prevention of Corruption Act and it has nothing to do with the 'fodder scam' case. The various allegations made in the writ petitions have been denied specifically.

Agenda Decision To consider the matter regarding postings of three special Judges at Patna for CBI (Fodder Scam cases), CBI South Bihar) and Vigilance Cases (Court No. 1) in place of S/Shri Yogendra Prasad, Mungeshwar Sahoo and jitendra Mohan Sharma respectively (P.F. XXVII-5-98) Having considered the relevant service records of the officers concerned and also taking into consideration the fact that no allegation petition has been received against Sri Muni Lal paswan, Addl. District Judge Saharsa. It is resolved that let him (Sri Muni Lal paswan) be posted as Special Judge for CBI (Fodder Scam Cases) at Patna. It is further resolved upon consideration of the relevant service records of the officer concerned that Sri JP Ratnesh Addl. District Judge, Patna be posted as Special Judge CBI south Bihar and Sri Ram Niwas Prasad, Addl. District Judge Patna as Special Judge fro Vigilance Case (Court No. 1).

27. In the present case we are required to see whether the standards applied to evaluate Mr. J.P. Ratnesh and Mr. Ram Niwas Prasad, trial Judges, appointed as Special Judges vide minutes of the meeting of the Standing Committee dated 22-6-2005 were equally applied while posting Mr. Munni Lal Paswan as Special Judge, CBI, Patna (Fodder Scam Cases).

28. By order dated 26-10-2005 this court directed the Registrar General, Patna High Court, to forward this court ACRs recorded by the Inspecting Judges of the High Court in the case of Mr. Munni Lal Paswan. In reply the Registrar General has stated as follows :

40. To sum up, the Chief Justice of the Patna High Court is requested to convene a meeting of administrative Judges and have a fresh look at the evaluation in the case of posting of Sri Paswan as Special Judge for CBI (Fodder Scam Cases) at Patna, vide minutes of meeting dated 22-6-2005. At the same time, Union of India is directed to reconsider approaching the High Court against the decision of the Tribunal dated 2-7-2004 under section 260A of the Income Tax Act, 1961 in the light of what is stated above.