PRAMOD NARAIN TIWARI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Right to Information Act heralded a new era of transparency and accountability in the working of public authority. The information under the Right to Information Act has exposed falsehood of many authorities in the decision making process. It is the information obtained by the petitioners of this case under the Right to Information Act on 20th of May, 2010 that proved to be a boon for these petitioners and they could be able to substantiate before the Division Bench hearing Civil Review No. 226 of 2012, that the counter affidavit filed in this case was result of misrepresentation and as such there was complete failure of justice. The Division Bench on consideration of the noting of file in connection with relaxation of the rigorous physical test, allowed the review petition vide judgment and order dated 28.7.2014 passed in Civil Review No. 226 of 2012 and restored CWJC No. 5631 of 1999 to its original file for disposal. The relevant part of the order dated 28.7.2014 is axiomatic and for ready reference the same is reproduced as follows:-

(2.) In the aforesaid backdrop of the facts and circumstances, the present writ application has been placed for fresh hearing.

(3.) We have heard the parties at length. The instant writ application has chequered history. Initially 11 writ petitioners have filed the writ petition for quashing of the letter No. 492/C dated 8.5.1999 whereby the Deputy Secretary to the Government of Bihar, Home (Special) Department asked the Additional Director General cum Inspector General, Bihar Home Guard to take step for termination of all the petitioners appointed on the post of Havildar Clerk purportedly under the orders passed in CWJC No. 1332/1990 as in their case the State Government has not taken any decision to relax physical standard test in the matter of their appointment. During the pendency of the said writ application I.A. No. 3459 of 2000 was filed by the petitioners for amendment of the writ application and for quashing of the letter no. M/HG 3805/98 (Khand) - 397 dated 10.5.2000 (Annexure-16) and the order dated 12.5.2000 contained in memo no. 1609 whereby the services of the petitioners have been terminated with immediate effect.