The Supreme Court has dismissed an enchantment of the Bihar authorities and imposed a price of Rs 20,000 on the state for “utter wastage” of judicial time in a matter which was disposed of by the Patna High Court after the events had collectively agreed for it.
A bench of Justices S Ok Kaul and R S Reddy famous that state authorities has filed a particular depart petition (SLP) within the apex courtroom towards the September final yr order of a division bench of the High Court which had disposed of its plea on “agreed terms”.
The prime courtroom mentioned the excessive courtroom had famous in its order that after the matter was heard for a while, the counsel showing earlier than it within the case had collectively prayed that the enchantment be disposed of on agreed phrases.
“Thereafter the disposal is on those agreed terms. Despite this, an SLP has been preferred. We find this a complete abuse of process of court and that too by a state government, apart from being a utter wastage of judicial time,” the bench mentioned.
“We thus, dismiss the SLP with costs of Rs 20,000 to be deposited with the Supreme Court Group ‘C’ (Non-Clerical) Employees Welfare Association within four weeks,” the bench mentioned in its March 22 order.
The apex courtroom mentioned it’s open to the state to get better the price from officers who have been accountable for this “misadventure.”
The division bench of the excessive courtroom had handled an enchantment filed by the state towards the December 2018 judgement handed by a single decide within the matter.
The counsel showing for Bihar had argued earlier than the division bench of excessive courtroom that the state was aggrieved solely with that a part of the December 2018 verdict whereby route was issued for enquiry to be carried out towards a public servant subsequent to submission of the cost sheet.
“After the matter was heard for some time, counsel jointly prayed that the appeal be disposed of on the agreed terms. Ordered accordingly,” the excessive courtroom had mentioned.
“The observation made, reproduced supra, shall stand omitted to read that criminal investigation and the disciplinary enquiry shall proceed simultaneously,” the excessive courtroom had mentioned in its September final yr order.
A single decide of the excessive courtroom had in December 2018 delivered a verdict on a plea filed by the general public servant who had challenged a June 2016 memo by which he was served the punishment of main penalty of dismissal from service below the Bihar Government Servant (Classification, Control and Appeal) Rule 2005.
An FIR was lodged towards him for alleged unlawful acquisition of property which was disproportionate to his recognized supply of revenue and later, he was put below suspension and a departmental continuing was initiated.
The single decide had put aside the order of dismissal contained within the June 2016 memo and had additionally quashed the enquiry report.
It had remanded again the matter to the enquiry officer to conduct inquiry in accordance with regulation.