LAWS(PAT)-2011-3-18

RAMESHWAR KUMAR SINGH Vs. STATE OF BIHAR

Decided On March 30, 2011
Rameshwar Kumar Singh Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) There is no mechanism by which the High Court while exercising power under Article 226 of the Constitution of India will give its judicial opinion on the delinquent and fraudulent conduct in an adjudication which has been made by quasi judicial authority, who was the erstwhile Member of the District Teachers Employment Appellate Authority. When the details of his wrong doing tumbled out an enquiry was made and even an FIR has been lodged against the Member and other office staff of the said appellate authority which would be evident from Annexure-B to the counter affidavit filed today.

(3.) The petitioner is a beneficiary of fraudulent decision which in the opinion of the Court the petitioner cannot draw advantage of. The so-called objection that what was done by the S.D.O. on the adjudications made by the appellate authority is beyond his powers is also a misplaced stand as Annexure-4 is only a recommendation in the emerging facts.