STATE OF BIHAR Vs. VISHWANATH KUMAR

JUDGEMENT

(1.) WE heard Mr. Harendra Prasad Singh, Government Advocate and Mr. Pashupati Prasad Singh, Advocate for the respondent.

(2.) IT has been canvassed before us by the Government Advocate on the basis of the supplementary affidavit filed by Shiva Bhushan Thakur, Joint Registrar (Headquarters), Co - operative Societies, Bihar, Patna that in the entire Cooperative Department there is no post of Head Assistant and, therefore, there is no question of respondent being posted as Head Assistant. It is, thus, submitted that the Single Judge committed an error in passing the impugned order. In paragraph 3(i) of the supplementary affidavit, the following statement has been made: -

(3.) THAT the aforesaid statement is palpably wrong is apparent from the notification dated 31st October, 1983, which has been annexed as Annexure -13 with the writ petition. At SI. No. 5 of the said notification the post of Head Assistant at Darbhanga having been created is mentioned.