B.P.SINGH, AFTAB ALAM
Bimal Kishore Rai – Appellant
Versus
State Of Bihar – Respondent
B. P. Singh, J.
1. This is yet another case of an appointment made in matter disregard of law and on extraneous consideration. The appointing authorities of the State of Bihar, particularly when they are about to superannuate, make large scale appointments, not only in utter disregard of the constitutional mandate and the rules and the laws framed, but also against express prohibition by the State Government. The misuse of the power has attained dangerous proportions and, therefore, instead of disposing of this writ petition, as we have disposed of so many others, by a short order, we decided to analyse the problem in the proper perspective, and to lay down the guidelines consistent with law, which to us appears imperative if a semblance of discipline has to be restored in the matter of appointments in this State. The impunity with which the law is disregarded is only matched by the ingenuity of the appointing authorities. The modus operandi adopted by them renders the constitutional mandate under Article 16 of the Constitution otiose, and all the rules, regulations, instructions and directions issued by the State Government are made to appear as trivial things of no conseq
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