(1.) BETTER sense ought to have prevailed on the appellant Subhash Chandra Pandey after the order dated 20 August 2001 was passed on his petition being CWJC No. 8450 of 2001: Subash Chandra Pandey V/s. State of Bihar and others, instead of filing the present appeal.
(2.) THE court is not repeating the contents of the order and fully reiterates every word of it which has been written. Suffice it to say that the writ court has virtually charged the appellant for abusing the writ jurisdiction of the court on producing forged records, papers which have been certified as bogus, evidence which has been created so as to be otherwise than the original record, false affidavit not excluded, including impersonation carried to its limit. That also by an appellant, who is intending to become a judicial officer and was making an attempt to sit as a candidate at Public examination conducted by Bihar Public Service Commission. The appellant took advantage of a coincidence in a common name, and wore somebody elses clothes. Rightly, the Hon ble judge dismissed the petition and desired that the Bihar Public Service Commission and the State - respondents would institute a criminal complaint for the prosecution of the petitioner -appellant on his producing fraudulent and bogus records/papers and having abused the process of the court. Cost of Rs. 5,000/ - was also awarded.
(3.) WITH a finding resting on record of fraud and impersonation and imposition of special costs, the appellant still justified himself. Undaunted, he has filed the present Letters Patent Appeal and has been advised to take the matter to its last resort. Clearly, the submission on behalf of the appellant and as made by bis counsel is that the order of the learned judge on the petition be set aside. Is this possible? During the proceedings in the writ petition there was an adjournment granted twice. It was offered as an opportunity to the petitioner -appellant and his counsel to unwind themselves from whatever be the game and take their petition out of the court and not give an occasion to pass an order on the writ petition. Instead the court was told by the counsel that his client is not prepared to give up the claim as he is the real candidate. This left the Hon ble Judge with no option but to give his considered opinion on the state of the record.