SANTI PRASAD SINHA Vs. LAXMI TUNGA

JUDGEMENT

(1.) This matter is listed in view of the administrative direction passed by the Hon'ble the Chief Justice on March 31, 2022 at 10-45 p.m. by which the applicant/petitioner was permitted to file an appeal and on filing the appeal be listed tomorrow as per roster. Re: CAN 1 of 2022 (leave to appeal).

(2.) The application for leave to prefer an appeal, being CAN 1 of 2022, is allowed as the appellant/petitioner is affected by the order under appeal. The applicant was not a party in the writ petition. Re: CAN 2 of 2022 (stay)

(3.) The stay petition is taken up in presence of the parties. Mr. Biswaroop Bhattacharyya, learned advocate appearing on behalf of the appellant submits that without giving any opportunity to the appellant to prove his innocence, the learned Single Judge has arrived at a finding that the present appellant is one of the kingpins in giving illegal public appointments and based on such finding Central Bureau of Investigation (CBI) was directed to interrogate the appellant. It is submitted that he was not even made a party to the writ proceeding, when the order was passed, and only today in the morning, the learned Single Judge added the present appellant along with four other persons in the writ proceedings. It is further submitted that the CBI was also made a party respondent in the writ proceeding only today.