Chandra Gupta Kumar And Ors. Etc. Etc vs. The State Of Bihar State Of Bihar And Ors. Etc. Etc. Through Chief Secretary

Court:Supreme Court of India
Judge:Hon'ble Kurian Joseph
Case Status:Disposed
Order Date:8 Apr 2016
CNR:SCIN010257722015

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SECTION XVI

LISTED ON: 08.04.2016

COURT NO.: 5

ITEM NO. : 3

IN THE SUPREME COURT OF INDIA

PETITION FOR SPECIAL LEAVE TO APPEAL(C) NOS. 22304-22306, 22947-49,

24845-47 and 31449 OF 2015

(With Prayer for InterimRelief)

With

INTERLOCOUTORY APPLICATIONS NOS. 1012 & 1315

(Application for vacating stay and exemption from filing official translation filed by Mr. Anurag Pandey, advocate in SLP (C) Nos.

2230422306/2015)

With

INTERLOCOUTORY APPLICATIONS NOS. 1618

(Application for intervention filed by Mr. Subhro Sanyal in SLP (C) Nos. 2230422306/2015)

With

INTERLOCOUTORY APPLICATIONS NOS.....

(Application for modification of the courts order dated 14.8.2015 filed by Mr. Subhro Sanyal in SLP (C) Nos. 2230422306/2015)

With

INTERLOCOUTORY APPLICATIONS NOs. 10, 11, 12, 13 & 14

(Application for transposition filed by Ms. Pragya Bhagal in SLP (C) No. 2294749/2015

With

INTERLOCOUTORY APPLICATIONS NOs. 1315

(Application for Direction filed by Mr. K.K Jaipuriar in SLP (C) No. 2484547/2015)

With

INTERLOCOUTORY APPLICATIONS NOs. 15, 16, 17 & 18

(Application for transposition filed by Ms. Pragya Bhagal in SLP (C) No. 2294749/2015

With

INTERLOCOUTORY APPLICATIONS NOs. 19, 20 & 21

(Application for deletion filed by Ms. Pragya Bhagal in SLP (C) No.

2294749/2015 With

INTERLOCOUTORY APPLICATIONS NOs. ...

(Application for impleadment filed by Mr. G.P Srivastava in SLP (C) No. 2230406/2015

CHANDRA GUPTA KUMAR & OTHERS ETC. ETC. ...PETITIONER(S) VERSUS THE STATE OF BIHAR & OTHERS ETC. ETC. ...RESPONDENT(S) OFFICE REPORT

The SLP (C) Nos. 2230422306 and 2294749 of 2015 were listed before the Hon'ble Court on 14.08.2015 when the court was pleased to pass the following Order:

"Exemption form filing OT is allowed. Issue notice.

The private respondents may be served through the State. Status quo as it exists today is maintained." SLP(C) No. 2230422306 of 2015 of the SLPs are as under:

SLP(C) No. 22304 of 2015

There are 83 respondents in this matter. Accordingly show cause notice returnable for 05.10.2015 was issued on 01.09.2015 to respondent nos. 1 to 12 through registered AD and respondent nos 13 to 83 in SLP(c) No. 22304/2015 through standing counsel. M/s. Gopal Singh and Arun K. Sinha, advocates have filed Vakaltanama as well as counter affidavit on behalf of respondent Nos. 1 to 11 and 12 respectively. copies of the same has arleady included in the paper books.

Mr. Chandra Prakash, advocate has filed Vakaltanama as well as counter affidavit on behalf of respondent Nos. 1417 and 2035. copies of the same has already included in the paper books.

Mrs. Namita Choudhary, advocate has filed Vakaltanama as well as counter affidavit on behalf of respondent Nos. 18, 36, 4156, 58 and 6067. copies of the same has already included in the paper books.

Mr. L.R Singh advocate has filed Vakaltanama as well as counter affidavit on behalf of respondent Nos. 37 to 40, 46 and 57. copies of the same has already included in the paper books.

AD card duly signed have been received back from respondent Nos.13, 59, 69, 72, 77, 78 and 83

Service of remaining respondent Nos. 19,59 and 68, 7071, 7376 and 7982 is incomplete.

SLP(C) No. 22305/2015

There are 43 respondents in this matter.

It is submitted that respondent nos 1 to 7 (state govt. parties) through registered AD and respondent nos. 8 to 43 (private parties) through standing counsel. M/s. Gopal Singh and Namita Choudhary, advocates have filed vakaltanam as well as counteraffidavit on behalf of respondent Nos. 1 to 7 and 8 respectively.

It is further submitted that Respondent Nos. 1516, 20, 24, 2729, 31, 3436 and 4042 are petitioner in SLP (C) No.22948 of 2015.

AD card duly signed have been received back from respondent Nos.12, 2223, 26, 32 and 37

Service of respondent nos. 9, 1011, 1314, 1719, 25, 30, 33, 3839

and 43 is incomplete.

SLP(C) No. 22306/2015

There are 13 respondents in this matter.

It is submitted that respondent nos 1 to 7 (state govt. parties) through registered AD and respondent nos. 8 to 13 (private parties) through standing counsel. M/s. Gopal Singh and Namita Chaudhary, advocates have filed vakaltanama as well as counteraffidavit on behalf of respondent Nos. 1 to 7 and 9 respectively.

It is further submitted that Respondent Nos. 8 and 1112 are petitioner in SLP (C) No.22948 of 2015.

AD card duly signed has been received back from respondent No.13.

Service on remaining respondents no. 10 is incomplete.

It is again submitted that Mr. Anurag Pandey, advocate has on 13.01.2016 filed an Application for vacating stay alongwith exemption from filing official translation which are registered as I.A Nos. 1012 & 1315 and the same was mentioned before the Hon'ble Court on 15.1.2016 when the court was pleased to pass the following Order:

"Post I.A. Nos. 1012 of 2016 and 1315 of 2016 after the pleadings are complete in the special leave petitions."

It is again submitted that Mr. Subhro Sanyal, Advocate has on 15.01.2016 filed application for intervention alongwith vakaltnama which are registered as I.A. No.1618 and the same was listed before the Hon'ble Judgeinchamber when His Lordship was pleased to pass the following order:

"In this matter, notice was issued by this Court on 14.08.2015. There are 83 respondents in SLP(C) No. 22304/2015, 43 respondents in SLP(C) No. 22305/2015 and 13 respondents in SLP(C) No. 22306/2015.

Office Report dated 13.02.2015 indicates that some of the respondents in the aforesaid three special leave petitions are not yet served. Learned counsel appearing for some of the respondents who have been served, submit that most of the unserved respondents are also respondents in one special leave petition or the other.

In the circumstances, let the special leave petitions themselves be listed before the Court with Office Report dated 13.02.2015.

Intervention application also be listed along with the main matter."

It is submitted that Mr. Subhro Sanyal, Advocate has on 15.01.2016

filed and Application for modification of the courts order dated 14.8.2015 which is unregistered for the reason that his application for intervention is not allowed yet. The application is placed with the paperbook.

It is further submitted that Mr. Anurag Pandey, Adocate has on 5.4.2016 filed rejoinderaffidavit with the permission of the court. Copy of the same are being circulated before the Hon'ble court.

It is lastly submitted that Mr. G.P Srivastava, Advocate has on 6.4.2016 filed an application for impleadment to implead as party respondent but the same is defective for the reason that the copy of the same is not served on other side. Unregistered application is being circulated before the Hon'ble court.

SLP(C) No. 2294749/2015

SLP(C) No. 22947/2015

There are 90 respondents in this matter. Accordingly show cause notice returnable for 05.10.2015 was issued on 01.09.2015 to respondent nos. 1 to 12 through registered AD and respondent nos 13 to 90 (private parties) through standing counsel. Mr. Gopal Singh, advocate has filed Vakaltanama as well as counter affidavit on behalf of respondent Nos. 1 to 11 in SLP (C) No.22304/15 which are common in the instant matter.

M/s. Arun K.Sinha, Namita Choudhary and Chandra Prakash, Advocates have filed vakalatnam a as well as counteraffidavit on behalf of respondent nos. 12 and 18, 36, 4145, 4756, 58, 6067 and 1317, 2035, 3740, 46 & 57 respectively. In respect of Respondent Nos. 6869, 7175, 7780, 8290 are petitioner in connected matters.

Service of notice on respondent nos. 19, 59, 70, 76 and 81 is still incomplete

It is submitted that Ms. Pragya Bhagal, advocate has filed an application for transposition of proforma respondent nos.70 as Petitioner nos. 11 which is registered as I.A No. 10. Copy of the same is already included in paperbook

It is further submitted that Ms. Pragya Bhagal, advocate has filed an application for deletion of proforma respondent Nos. 6869 and 7190 which is registered as I.A No. 19 and the copy of the same is being circulated before the Hon'ble Court.

SLP(C) No. 22948/2015

There are 53 respondents in this matter.

It is submitted that respondent nos 1 to 7 (state govt. parties) through registered AD and respondent nos. 8 to 53 (private parties) through standing counsel. Mr. Gopal Singh, advocate has filed vakaltanam and counteraffidavit on behalf of respondent Nos. 1 to 7 in SLP (C) No.22304/15 which are common in the instant matter. Ms. Namita choudhary, advocate has filed vakalatnama on behalf of respondent No. 8.

Service of notice on respondent nos. 9 to 53 is incomplete.

It is further submitted that Ms. Pragya Bhagal, advocate has filed four separate application for transposition of proforma respondent nos.20, 53, 12 & 17 as Petitioner nos. 19, 20, 17 & 18 which are registered as I.A Nos. 11, 12, 13 & 14.

It is lastly submitted that Ms. Pragya Bhagal, advocate has filed three separate applications for transposition of proforma respondent Nos. 24, 27, 41 and 39 as petitioner Nos. 21, 22, 24 & 23 and an application for deletion of the proforma respondent Nos. 911, 1316, 1819, 2123, 2526, 2838, 40 & 4252. The same are registered as I.A. No. 15, 16, 17 & 18 and I.A No. 20. The copies of the same are being circulated before the Hon'ble Court.

SLP(C) No. 22949/2015

There are 14 respondents in this matter.

It is submitted that respondent nos 1 to 7 (state govt. parties) through registered AD and respondent nos. 8 to 14 (private parties) through standing counsel.

It is further submitted that Mr. Gopal Singh, advocate has filed vakaltanam and counteraffidavit on behalf of respondent Nos. 1 to 7 in SLP (C) No.22304/15 which are common in the instant matter. Ms. Namita Chaudhary, Advocate has filed vakalatnama on behalf of respondent no. 10 but no counteraffidavit has been filed, so far.

Service on respondent nos. 89, 11, 12 & 1314 is incomplete.

It is lastly submitted that Ms. Pragya Bhagal, advocate has filed an application for deletion of proforma respondent Nos.814 the same is registered as I.A No. 21. The copy of the same is being circulated before the Hon'ble Court.

SLP(C) No. 2484524847 of 2015

The matter abovementioned were listed before the Hon'ble Court on 04.09.2015 when the court was pleased to pass the following Order:

"Issue notice.

Status quo, as it exists today, is to be maintained by the parties. Tag with SLP(C) No. 2230406/2015 and other connected

SLP(C) No. 24845/2015

matters."

There are 65 respondents in this matters.

It is submitted that show notice was issued on 16.1.2016 through registered AD post.Mr. Gopal Singh, Advocate has filed vakalatnama and counteraffidavit on behalf of respondent Nos. 1 to 4 in SLP (C) No.22304/15 which are common in the instant matter.

It is further submitted that M/s Arun K. Sinha, Namita Chaudhary and Chandra Prakash, advocates have filed Vakalatnama on behalf of respondent Nos.5 & 6, 8, 12, 30, 3539, 4150, 52, 5461 and 711, 1429, 3134, 40 and 51 respectively. And Mr. Chandra Prakash, advocate has also filed counteraffidavit of the said respondents and copy of the same has already included in paperbook.

Mr. K. K. Jaipuriar, counsel for the petitioner has on 4.12.2015 filed an application for direction for modifying the order dated 4.9.2015 which is registered as I.A Nos. 1315.

Service of respondent Nos. 13, 53, 6265 is still incomplete.

SLP(C) No. 24846/2015

There are 65 respondents in this matters.

It is submitted that show notice was issued on 16.1.2016 through registered AD post.Mr. Gopal Singh, Advocate has filed vakalatnama and counteraffidavit on behalf of respondent Nos. 1 to 4 in SLP (C) No.22304/15 which are common in the instant matter.

It is further submitted that Mr Arun K. Sinha advocate has filed Vakalatnama on behalf of respondent Nos.6 & 7.

AD card duly signed has been received back from respondent Nos. 15, 18, 20, 2833, 35,37, 40, 4344, 46, 52, 5758, 60 and 6465.

It is further submitted that Respondent Nos. 1011, 1314,16, 19, 2224, 26, 34, 36, 38, 4142, 48, 50, 5154, 56 and 59, 6163 are petitioner in connected matter.

Service of respondent Nos. 5, 89, 12, 17, 21, 25, 27, 39, 45, 47, 49 and 55 is still incomplete.

SLP(C) No. 24847/2015

There are 96 respondents in this matters.

It is submitted that show notice was issued on 16.1.2016 through registered AD post.Mr. Gopal Singh, Advocate has filed vakalatnama and counteraffidavit on behalf of respondent Nos. 1 to 6 in SLP (C) No.22304/15 which are common in the instant matter. Mr. Chandra Prakash, advocate has filed vakalatnama as well as counter affidavit on behalf of respondents Nos.711, 1429, 3134, 40 and 51.

It is further submitted that M/s. Namita Chaudhary, L.R Singh and Arun K.Sinha, advocates have filed vakalatnama on behalf of respondent Nos. 36, 4145, 4750,5256, 60 & 6267, 3739, 46 & 57 and 12 in connected SLPs.

AD card duly signed has been received back from respondent Nos. 6870, 73, 85, 87, 9293 and 9596.

It is further submitted that Respondent Nos. 7172, 7677, 7980, 84, 86,88, 91 and 94 are petitioner in connected matter.

Service of respondent Nos. 13, 30, 35, 5859, 61, 7475, 78, 81, 8283 and 8990 is still incomplete.

SLP(C) No.31449 of 2015

The matter abovementioned was listed before the Hon'ble Court on 02.11.2015 when the court was pleased to pass the following Order:

"Permission to file SLP granted. Delay condoned. Issue notice.

Tag with SLP(C) No. 2484547 of 2015."

There are 69 respondents in this matters.

It is submitted that show notice was issued on 1.12.2015 through registered AD post. Mr. Gopal Singh, Advocate has filed vakalatnama and counteraffidavit on behalf of respondent Nos. 1 to 5 in SLP (C) No.22304/15 which are common in the instant matter.

It is further submitted that M/s. Namita Chaudhary and Arun K.Sinha, advocates have filed vakalatnama on behalf of respondent Nos. 8 and 6 &7.

AD card duly signed has been received back from respondent Nos. 10,12,28, 3132, 34, 40,44, 49, 5354, 57, 5960, 64, 67 and 68.

It is further submitted that Respondent Nos. 11, 1316, 1819, 2225,

2728, 30, 33, 35, 3739, 43, 4546, 48, 50, 52, 5556, 58, 6163, 6566 are petitioner in connected matter.

Service of respondent Nos. 9,17, 2021, 26, 29, 36, 4142, 47, 51, and 69 is still incomplete. The matters are listed before Hon'ble court with this Office Report.

Dated this the 6th day of April, 2016.

ASSISTANT REGISTRAR

Copy to: Mr. Anurag Pandey, Advocate Ms. Pragya Baghel, Advocate Mr. K.K. Jaipuriar, Advocate Ms. Namita Choudhary, Advocate Mr. Arun K. Sinha, Advocate Mr. Gopal Singh, Advocate Mr. L.R. Singh, Advocate Mr. Chandra Prakash, Advocate Mr. Subhro Sanyal, advocate

ASSISTANT REGISTRAR

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Chandra Gupta Kumar And Ors. Etc. Etc vs The State Of Bihar State Of Bihar And Ors. Etc. Etc. Through Chief SecretaryChandra Gupta Kumar And Ors. Etc. EtcShree Kant SinghRajesh Kumar SinghChandara Bhushan SinhaMukesh KumarDharmendra KumarSanjeet KumarBrij Kishore Prasad YadavAbhishek Kumar TripathiAbhay Kumar SinghDinesh KumarRajesh Kumar PandeySanjeev KumarPraveen Kumar UpadhyayKumar Pramod SinghSanjay SharmaKamal Nayan PandeyUpendra Kumar SinghDhananjay Kumar SinghRupesh Kumar SinghChandra Bhushan SinhaChandan KumarShivendra Narayan SinghHaresh KumarRajesh KumarRabindra Kumar RamGitendra Kumar UpadhyayVishad VishwasAmitesh KumarKumar BhuwanKalamuddinHemant KumarBijay PrasadOmprakash PrasadSanjeev Kumar RajakS. Razi Ur RabYogendra KumarManoj KumarGhanshyam PaswanShashi Bhushan PrasadAvinash KumarVinay Kumar KushwahaJitendra KumarKumar AbhishekManoj Kumar SinghNiraj Kumar SinghVikas Kumar AlokThe State Of Bihar State Of Bihar And Ors. Etc. Etc. Through Chief SecretaryThe Director General Of Police Cum Inspector General Of PoliceThe Home SecretaryThe Inspector General Of PoliceThe Bihar Staff Selection Commission Through Its SecretaryBihar Staff Selection Commission The ChairmanSunil KumarManoj KumarDeo KumarAnirudh Prasad ShastriRajeev Kumar SinhaManoranjan Kumar ChoudharySantosh KumarAnuj KumarGajendra KumarRamjee PrasadBablu Kumar PanditChandan Kumar ThakurArvind Kumar SinghBirendra Kumar ChoudharyRinku KumariPratibha RaniPriti Kumari SinhaYashoda KumariReena KumariSweta PoddarAmrita RaniKumari Kanchan SinhaAlka SoniDeelip KumarAmlesh KumarRam Raj SinghShekhar SaurabhUday Bhanu SinghAnil KumarAjay KumarJitendra KumarRitesh KumarBhupendra KumarRama Shankar SahAshok Kumar PrajapatPramod SahJagdish PanditKhamash ChaudharySandeep KumarMd. Naushad AlamMd. RushtamNand Kishor PanditSujan KumarNiranjan KumarBharti KumariArchana KumariSmt Meera KumariDaya Shankar SahiNeeraj Kumar ThakurSumant ChaudharySafiullah AnsariVikash KumarNavin KumarBalbir Kumar SinghPushpa Raj SharmaAjit Kumar TinkuNitesh KumarAbhay KumarAditya KumarUma ShankarAnuj Kumar RajJay PrakashLal Babu SinghSanjay Bikas TripathyGyan Prakash SinghVijay Kuamr AzadThe State Of Bihar Through SecretaryThe Joint Secretary Department Of HomeThe Director General Of PoliceThe Additional Inspector General Of PoliceThe Bihar Staff Selection Commisssion Through Its SecretaryThe Chairman The Bihar Staff Selection CommissionDharmendra KumarRajeev KumarArvind KuamrAnil Kumar SumanHarinath SinghAnand Kumar KashyapSatyendra Kumar PandeySanjeev Kumar DubeyRakesh KumarSitesh KumarDhananjay Kumar SinghAbhishek KumarJitendra Kumar SinghRama Shankar Prasad RaiUmesh Chandra KumarVijay KumarSudhir KumarAvinash KumarAjit KumarMohan KumarPrakash Chandra SrivastavaManmohan PandeyMukesh Kumar DubeyNirbhay KumarRajesh KumarAnoj Kumar PathakBrijnandan Prasad GuptaAnirudh Kumar SharmaAmod KumarNeeraj KumarPraveen KumarJawed Ahmad KhanSujit Kumar MishraRajiv KumarRajmaniDepartment Of Home The Joint SecretaryThe Director General PoliceThe Bihar Staff Selection CommissionShashi Kumar BhagatSanjay Kumar SinghReetesh RanjanRana JeePoresh Kumar DasSantosh Kumar Bhagat

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Chandra Gupta Kumar And Ors. Etc. EtcShree Kant SinghRajesh Kumar SinghChandara Bhushan SinhaMukesh KumarDharmendra KumarSanjeet KumarBrij Kishore Prasad YadavAbhishek Kumar TripathiAbhay Kumar SinghDinesh KumarRajesh Kumar PandeySanjeev KumarPraveen Kumar UpadhyayKumar Pramod SinghSanjay SharmaKamal Nayan PandeyUpendra Kumar SinghDhananjay Kumar SinghRupesh Kumar SinghChandra Bhushan SinhaChandan KumarShivendra Narayan SinghHaresh KumarRajesh KumarRabindra Kumar RamGitendra Kumar UpadhyayVishad VishwasAmitesh KumarKumar BhuwanKalamuddinHemant KumarBijay PrasadOmprakash PrasadSanjeev Kumar RajakS. Razi Ur RabYogendra KumarManoj KumarGhanshyam PaswanShashi Bhushan PrasadAvinash KumarVinay Kumar KushwahaJitendra KumarKumar AbhishekManoj Kumar SinghNiraj Kumar SinghVikas Kumar AlokThe State Of Bihar State Of Bihar And Ors. Etc. Etc. Through Chief SecretaryThe Director General Of Police Cum Inspector General Of PoliceThe Home SecretaryThe Inspector General Of PoliceThe Bihar Staff Selection Commission Through Its SecretaryBihar Staff Selection Commission The ChairmanSunil KumarManoj KumarDeo KumarAnirudh Prasad ShastriRajeev Kumar SinhaManoranjan Kumar ChoudharySantosh KumarAnuj KumarGajendra KumarRamjee PrasadBablu Kumar PanditChandan Kumar ThakurArvind Kumar SinghBirendra Kumar ChoudharyRinku KumariPratibha RaniPriti Kumari SinhaYashoda KumariReena KumariSweta PoddarAmrita RaniKumari Kanchan SinhaAlka SoniDeelip KumarAmlesh KumarRam Raj SinghShekhar SaurabhUday Bhanu SinghAnil KumarAjay KumarJitendra KumarRitesh KumarBhupendra KumarRama Shankar SahAshok Kumar PrajapatPramod SahJagdish PanditKhamash ChaudharySandeep KumarMd. Naushad AlamMd. RushtamNand Kishor PanditSujan KumarNiranjan KumarBharti KumariArchana KumariSmt Meera KumariDaya Shankar SahiNeeraj Kumar ThakurSumant ChaudharySafiullah AnsariVikash KumarNavin KumarBalbir Kumar SinghPushpa Raj SharmaAjit Kumar TinkuNitesh KumarAbhay KumarAditya KumarUma ShankarAnuj Kumar RajJay PrakashLal Babu SinghSanjay Bikas TripathyGyan Prakash SinghVijay Kuamr AzadThe State Of Bihar Through SecretaryThe Joint Secretary Department Of HomeThe Director General Of PoliceThe Additional Inspector General Of PoliceThe Bihar Staff Selection Commisssion Through Its SecretaryThe Chairman The Bihar Staff Selection CommissionDharmendra KumarRajeev KumarArvind KuamrAnil Kumar SumanHarinath SinghAnand Kumar KashyapSatyendra Kumar PandeySanjeev Kumar DubeyRakesh KumarSitesh KumarDhananjay Kumar SinghAbhishek KumarJitendra Kumar SinghRama Shankar Prasad RaiUmesh Chandra KumarVijay KumarSudhir KumarAvinash KumarAjit KumarMohan KumarPrakash Chandra SrivastavaManmohan PandeyMukesh Kumar DubeyNirbhay KumarRajesh KumarAnoj Kumar PathakBrijnandan Prasad GuptaAnirudh Kumar SharmaAmod KumarNeeraj KumarPraveen KumarJawed Ahmad KhanSujit Kumar MishraRajiv KumarRajmaniDepartment Of Home The Joint SecretaryThe Director General PoliceThe Bihar Staff Selection CommissionShashi Kumar BhagatSanjay Kumar SinghReetesh RanjanRana JeePoresh Kumar DasSantosh Kumar BhagatAdvocate Anurag PandeyAdvocate Gopal SinghAdvocate S. K. VermaAdvocate Manju JetleyAdvocate Dushyant ParasharAdvocate Gopal JhaAdvocate Himanshu MunshiAdvocate Reena PandeyAdvocate Gyan Prakash SrivastavaAdvocate Udita SinghAdvocate Subhro SanyalAdvocate Lakshmi Raman SinghAdvocate Chandra PrakashAdvocate Arun K. SinhaAdvocate Namita Choudhary