SOBH NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Court by an order dated 26.4.2005 while disposing -off the petitioners grievance would have noticed and recorded the manner in which the case was conducted on behalf of the State Government by the Secretary Department of Water Resources, Government of Bihar. For reasons as recorded in the order, which the Court does not consider necessary to reiterate presently, this Court had required that a copy of this order be sent inter alia to the Chief Secretary of the State of Bihar so that he may look into the matter and take such appropriate action as he deem fit. The Chief Secretary was further required to file an affidavit to that effect. The matter was accordingly adjourned for the 1st week of August, 2005.

(2.) WHAT this Court would have noticed in the order dated 26.4.2005 with regard to the manner in which the case was conducted on behalf of the State would find echo in the judgment of the Supreme Court reported in AIR 1995 SC 2237 (Union of India & Anr. vs. Rahul Rasgotra & Ors.). The directions issued by this Court were no more than what the Supreme Court had directed in a similar situation. This Court considers it proper to quote para 14 of the judgment in its entirety which would read as follows:

(3.) DURING course of the proceedings Shri Dineshwar Mishra, Advocate, files vakalatnama and enter appearance on behalf of the Secretary, Department of Water Resources, Government of Bihar, Patna. When the Court queried from the Counsel whether the Secretary would have obtained necessary approval from the Government before his private engagement in accordance with the Government procedure, learned Counsel was not in a position to answer the query.