BUDHAN PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) MR . Umakant Shukla for the petitioner, and Mr. Subhash Chandra Mishra, JC to GP 17, for the respondents are present. The petitioner seeks a direction to the respondent authorities to restore his service as a Dafadar with effect from the date his services were dispensed with.

(2.) THE two separate counter affidavits of respondent nos. 2 and 3 were served on learned counsel for the petitioner on 19.8.2005 and 26.8.2005. Learned Government counsel submits that the counter affidavits do not affix adequate court -fee and the name of the learned Government counsel through whom the same were affidavited and filed is also not recorded. Learned Government counsel, therefore, prays that the defect of court -fee may be waived and he may be permitted to sign this counter affidavits. Learned counsel for the petitioner has no objection to the same, inter alia, tor the reason that he has got copies of the two counter affidavits way back in 2005, and he has placed on record his affidavit in reply. Let the deficiency of court -fee, if any, be ignored, and Mr. S.C. Mishra, learned JC to GP No. 17, is permitted to sign these counter affidavits today, in the interest of justice and disposal of the case, it being one of the oldest cases on my board.

(3.) THE respondents have placed on record their counter affidavits and have supported the impugned action.