SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1995 Supreme(Pat) 483

B.P.SINGH, AFTAB ALAM
Bimal Kishore Rai – Appellant
Versus
State Of Bihar – Respondent


Judgment

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






























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top