STATE OF HIMACHAL PRADESH Vs. MANMOHAN BHARDWAJ

JUDGEMENT

(1.) THE sole question involved in this revision petition concerns the validity of the privilege claimed by the petitioner State of Himachal Pradesh under Section 123 of the Evidence Act against the production of certain documents which had been summoned from it by the trial court at the instance of the respondent. The question arises in the following circumstances.

(2.) THE respondent who is the plaintiff in the court below is an employee of the Public Works Department of the petitioner State. It appears that in the matter of promotion he was superseded by some of his junior colleagues on the basis of the recommendation of the Departmental Promotion Committee constituted for the purpose. The plaintiff thereupon filed a suit in the trial court wherein he inter alia, prayed for issue of a declaration that the order of defendant No. 1 promoting his junior colleagues was illegal and void and that plaintiff-respondent was entitled to be promoted,

(3.) IT was in the course of the trial of this suit that the plaintiff summoned the documents mentioned below from the concerned officer of the petitioner State: