LAWS(PAT)-1995-7-55

SHIVA JATAN THAKUR Vs. STATE OF BIHAR

Decided On July 13, 1995
SHIVA JATAN THAKUR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) I am not inclined to go into the various controversies raised in this writ application. It may be that the Petitioner, an eminent person, and the Chairman of the Bihar Public Service Commission, also an eminent person do not see eye to eye in many matters. Having regard to large number of matters which have come to this Court it is obvious that there is no love lost between the two. The Court however, cannot go into all the problems, which the Petitioner may face on account of displeasure of the Chairman of the Commission as alleged by him. However, so far as the right of the Petitioner to perform his duty is concerned, no authority can be permitted to obstruct the Petitioner in the performance of his duty and to that extent protection has to be given. So far as the utterance of the Chairman or his nothings in the file are concerned, if they are defamatory the Petitioner may seek his remedy in accordance with law either before the Civil Court or a Court of criminal jurisdiction.

(3.) Mr. Shukla, counsel appearing on behalf of the Petitioner has prayed for only four directions from this Court to which Mr. B.C. Ghosh counsel for the Commission has no objection and accordingly those directions are being issued: