DHANANJAY PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties with regard to the following prayer made in this writ application:--

(2.) Mr. Tej Bahadur Singh, learned AAG-7, on the other hand, has submitted that on examination of the materials on record, the Government ought to have filed its counter affidavit but, the case can be disposed of even in absence of the counter affidavit, inasmuch as, the issue, relating to impugned order being in teeth of the statutory rule, is a pure question of law in which no improvement can be made by pleadings much less by way of filing counter affidavit.

(3.) Having regard to the aforesaid stand, this Court has proceeded to hear the matter on merit.