MD. MUZAMMIL SULTAN Vs. STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2011-3-459
HIGH COURT OF JHARKHAND
Decided on March 29,2011

Md. Muzammil Sultan Appellant
VERSUS
State Of Jharkhand And Ors. Respondents

JUDGEMENT

Sushil Harkauli, J. - (1.) THE counter affidavit filed by Respondent No. 7 Divisional Forest Officer, State Trading Division, Hazaribagh shows utter lack of knowledge and experience on the part of the officer who has filed the same. The name of the officer is Arun Kumar Singh who was at that time i.e. in 2010 was posted as Divisional Forest Officer.
(2.) IN paragraph 8 of the writ petition, Petitioner had specifically stated that in 1995, the Bihar Public Service Commission was entrusted with the work of selection of eligible candidates for appointment of Class -III post. In the same paragraph, it has been stated that the State Government by resolution No. 4524 dated 01.06.1999 vested the power of selection for appointment with the Divisional Commissioner for class -III posts. The paragraph further says the photocopy of the resolution No. 4524 dated 01.06.1999 is enclosed with the writ petition as Annexure -2/1. This paragraph 8 has been replied in paragraph 39 of the counter -affidavit filed by Arun Kumar Singh, which says "Petitioner be put to strict proof of the averments and the averments made in paragraph 8 are neither admitted nor denied by the answering Respondents." Let a copy of this order be sent to the Law Secretary, Government of Jharkhand for making appropriate recommendations, so that proper counter -affidavits are filed in writ petitions and the time of the Court is not wasted in such frivolity. A proper counter -affidavit will be filed now by the Respondent No. 2 i.e. the Secretary, Department of Forest and Environment, Government of Jharkhand, drafted with due care and with accurate reply to the averments made in the writ petition, within two weeks.
(3.) LIST after two weeks.;


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