STATE OF BIHAR Vs. HARBANS ORAON

JUDGEMENT

(1.) THIS is not one of those cases in which the Court ought to be interferring at all either on the writ petition or for that matter in the appeal of the State of Bihar.

(2.) THE High Court has to be very careful before granting reliefs in its prerogative writ jurisdictions, which are extraordinary remedies provided under the Constitution. There must not be any material suppression of facts or circumstances of attempts to obtain any order from the High Court by keeping away essential information.

(3.) WHEN an order was passed on the writ petition that the petitioner be granted his pension alongwith 12% interest and Rs. 1000/ - as costs, perhaps, it was not brought to the notice of the Court that departmental proceedings were already in motion against the petitioner. In these circumstances, the department concerned, of the State of Bihar sought a review of the order on the petition. The review was denied and, thus, the letters patent appeal.