SC dismisses Bihar’s plea, imposes value of Rs 20,000 for ‘utter wastage’ of judicial time

The Preferrred Court docket has brushed aside an enchantment of the Bihar govt and imposed a price of Rs 20,000 at the state for “utter wastage” of judicial time in a question which used to be disposed of through the Patna Top Court docket after the events had collectively agreed for it.

A bench of Justices S Ok Kaul and R S Reddy famous that state govt has filed a unique go away petition (SLP) within the apex court docket towards the September remaining 12 months order of a department bench of the Top Court docket which had disposed of its plea on “agreed phrases”.

The highest court docket mentioned the prime court docket had famous in its order that once the subject used to be heard for a while, the recommend showing ahead of it within the case had collectively prayed that the enchantment be disposed of on agreed phrases.

“Thereafter the disposal is on the ones agreed phrases. Regardless of this, an SLP has been most well-liked. We discover this an entire abuse of technique of court docket and that too through a state govt, excluding being a utter wastage of judicial time,” the bench mentioned.

“We thus, brush aside the SLP with prices of Rs 20,000 to be deposited with the Preferrred Court docket Team ‘C’ (Non-Clerical) Workers Welfare Affiliation inside of 4 weeks,” the bench mentioned in its March 22 order.

The apex court docket mentioned it’s open to the state to recuperate the fee from officials who have been chargeable for this “misadventure.”

The department bench of the prime court docket had handled an enchantment filed through the state towards the December 2018 judgement handed through a unmarried pass judgement on within the subject.

The recommend showing for Bihar had argued ahead of the department bench of prime court docket that the state used to be aggrieved handiest with that a part of the December 2018 verdict wherein course used to be issued for enquiry to be carried out towards a public servant next to submission of the rate sheet.

“After the subject used to be heard for a while, recommend collectively prayed that the enchantment be disposed of at the agreed phrases. Ordered accordingly,” the prime court docket had mentioned.

“The statement made, reproduced supra, shall stand disregarded to learn that prison investigation and the disciplinary enquiry shall continue concurrently,” the prime court docket had mentioned in its September remaining 12 months order.

A unmarried pass judgement on of the prime court docket had in December 2018 delivered a verdict on a plea filed through the general public servant who had challenged a June 2016 memo through which he used to be served the punishment of main penalty of dismissal from provider below the Bihar Executive Servant (Classification, Regulate and Enchantment) Rule 2005.

An FIR used to be lodged towards him for alleged unlawful acquisition of assets which used to be disproportionate to his recognized supply of source of revenue and later, he used to be put below suspension and a departmental continuing used to be initiated.

The one pass judgement on had put aside the order of dismissal contained within the June 2016 memo and had additionally quashed the enquiry record.

It had remanded again the subject to the enquiry officer to habits inquiry according to regulation.