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Suvra Ghosh and Joymalya Bagchi, JJ

The court directed the Judicial Secretary to submit an affidavit explaining why 23 posts for District Judge (Entry Level) in West Bengal Judicial Service Cadre remained unfilled. Upon reviewing the affidavit, the court found inconsistencies between the statements in the affidavit and its annexures. This led the court to conclude that the experienced judicial officer affirmed the affidavit in a casual manner without proper care. As a result, the court did not rely on the affidavit and directed the Secretary to appear in person and file a more detailed affidavit with correct information to explain the inconsistent statements at the next hearing.

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46 views1 page

Suvra Ghosh and Joymalya Bagchi, JJ

The court directed the Judicial Secretary to submit an affidavit explaining why 23 posts for District Judge (Entry Level) in West Bengal Judicial Service Cadre remained unfilled. Upon reviewing the affidavit, the court found inconsistencies between the statements in the affidavit and its annexures. This led the court to conclude that the experienced judicial officer affirmed the affidavit in a casual manner without proper care. As a result, the court did not rely on the affidavit and directed the Secretary to appear in person and file a more detailed affidavit with correct information to explain the inconsistent statements at the next hearing.

Uploaded by

sid tiwari
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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MANU/WB/0275/2020

IN THE HIGH COURT OF CALCUTTA


CRM 33 of 2020
Decided On: 05.02.2020
Appellants: Mizanur Rahman
Vs.
Respondent: The State of West Bengal
Hon'ble Judges/Coram:
Suvra Ghosh and Joymalya Bagchi, JJ.
Counsels:
For Respondents/Defendant: Saswata Gopal Mukherjee, P.P., Sukanya Bhattacharya
and Md. Kutubuddin, Advs.
1. Pursuant to our earlier order dated 13.01.2020, Judicial Secretary was directed to
submit an affidavit explaining the circumstances in which appointments have not
been made to 23 posts in the cadre of District Judge (Entry Level) in WBJS Cadre till
date.
2. Learned Public Prosecutor submits an affidavit on his behalf. We have perused the
averments in the said affidavit along with its annexures. Document described as
Annexure "A-1" at page 12 of the affidavit does not tally with the averments made in
paragraph 2 at page 6 of the said affidavit. This unfortunate state of affairs lead us to
a prima facie view that the deponent who is an experienced judicial officer holding a
responsible position had affirmed the affidavit in a most casual and cavalier manner.
Under such circumstances, we are constrained not to rely on the affidavit submitted
before us. We direct the Judicial Secretary to appear in person and file a more
detailed affidavit disclosing all relevant facts with correct annexures in relation to the
matter on the next date. In the said affidavit the Secretary shall explain how he
affirmed the averments in paragraph 2 and 3 as true to his knowledge inspite of
incorrect averments therein.
3. Let this matter appear in the list under the same heading on 11th February, 2020.
4 . Let xerox plain copy of this order duly countersigned by the Assistant Registrar
(Court) be handed over to the concerned parties for due compliance upon completion
of usual undertaking.
© Manupatra Information Solutions Pvt. Ltd.

31-07-2020 (Page 1 of 1) www.manupatra.com WBNUJS Library and Information Centre

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