IN THE HIGH COURT OF JUDICATURE AT PATNA

(Civil Writ Jurisdiction)

C.W.J.C. No. 11938 Of 2019

Dr. Hari Narayan Thakur ……………Petitioner

Versus

The State of Bihar & Ors. …………….Respondents

Supplementary Counter affidavit on behalf of

the Respondent No. 01:

I,…………………………………………………, aged about ……

years, Son of ………………………………………………, Resident of

Village……………………………………………,P.S.……………………………………….

District ……………………………………, do hereby solemnly

affirm and state as follows:

 2

1. That I am presently posted as

……………………………………………………………………………………………

and as such am well acquainted with

the facts and circumstances of the

case.

2. That I have been duly authorized by

the competent authority to swear

this instant supplementary counter

affidavit on behalf of the

respondent no. 01.

3. That I have gone through the

contents of the writ petition and

have fully understood the same.

 3

4. That in the present writ application

counter affidavit as well as

supplementary counter affidavit has

been filed earlier on behalf of

answering respondent.

5. That the present counter affidavit

is being filed in compliance of

order dated 20.04.2023 passed by

this Hon'ble Court in the instant

case.

6. That so far generation of CFMS User

ID in the name of Registrar,

Kameshwar Singh Darbhanga Sanskrit

University is concerned, it is
 4

stated here that the same has been

generated by the Finance Department,

Government of Bihar as evident from

letter no. 3633 dated 21.04.2023 of

the Finance Department, Government

of Bihar.

A photocopy of letter

no. 3633 dated

21.04.2023 is annexed

herewith and marked

as Annexure-A to this

supplementary counter

affidavit.
 5

7. That so far payment of post retiral

dues to the petitioner is concerned,

it is stated here that the Education

Department vide its letter no. 1332

dated 24.04.2023 directed the

Registrar of the University to make

payment of the same to the

petitioner out of the fund available

with the University allotted earlier

to the University under salary/other

than salary head and accordingly,

send report within two days.

A photocopy of letter

no. 1332 dated

 6

24.04.2023 is annexed

herewith and marked

as Annexure-B to this

supplementary counter

affidavit.

8. That thereafter the University by

its office order as contained in

letter no. 875 dated 24.04.2023

approved payment of post retiral

dues including pension amounting to

Rs. 82,31,491/- (Rupees eighty two

lakhs thirty one thousand four

hundred ninety one only) to the

petitioner.
 7

A photocopy of letter

no. 875 dated

24.04.2023 is annexed

herewith and marked

as Annexure-C to this

supplementary counter

affidavit.

9. That apart from above, it is most

important to mention here that CWJC

No. 7039 of 2011 was filed before

this Hon'ble Court challenging the

notification bearing letter no. 3290

dated 18.05.2009 whereby the

petitioner alongwith others were

 8

appointed as Principal in

constituent colleges in the

Kameshwar Singh Darbhanga

University. The said writ

application was allowed vide order

dated 24.09.2019 whereby entire

selection process was declared to be

illegal and accordingly appointments

were quashed. Consequently, the

University came out with

notification as contained in memo no

1475 dated 03.10.2019 whereby

petitioner alongwith others have

been removed from service. These

 9

facts have been brought on record in

supplementary counter affidavit

filed earlier on behalf of answering

respondent.

10. That in this regard it is further

stated here that against the order

dated 24.09.2019 passed in CWJC No.

7039 of 2011 as aforesaid, LPA No.

1399 of 2019 was filed by the

petitioner. LPA No. 1376 of 2019 was

also filed against the order dated

24.09.2019 passed in CWJC No, 7039

of 2011 by Dr. Shiv Lochan Jha. The

said LPA was heard and vide order

 10

dated 25.10.2019 the Hon'ble Court

passed interim order that until

further order of the Court, in the

event, the appellants have not be

relieved, they shall not be relieved

pursuant to the impugned judgment.

The said order will apply in all

sets of appeals arising out of the

same judgment. LPA No. 1399 of 2019

and analogous cases are still

pending for disposal and listed for

admission before Hon'ble Division

Bench.
 11

11. That under the aforesaid facts and

circumstances stated above it is

submitted that the instant writ

application being devoid of merit is

fit to be dismissed in the interest

of justice.

12. That I have gone through the

contents of this supplementary

counter affidavit and have

understood the same fully.

13. That the statements made paragraph

no. ………………………………………………………… are true

to the best of my knowledge and

those made in paragraph no.

 12

…………………………………………………… are true to the

best of my information derived from

the records of the case and rest are

by way of submission made before

this Hon’ble Court.

14. That the Annexures are true

photocopies of their respective

originals.

IN THE HIGH COURT OF JUDICATURE AT PATNA

(Civil Writ Jurisdiction)

C.W.J.C. No. 11938 Of 2019

 13

Dr. Hari Narayan Thakur ……………Petitioner

Versus

The State of Bihar & Ors. …………….Respondents

Sub: Suppl. Counter Affidavit

INDEX
Sl. Particular Page No.
No.
1. Supplementary Counter 1-13
affidavit on behalf of the
Respondent No. 01:
2. Annexure-A
A photocopy of letter no.
3633 dated 21.04.2023
3. Annexure-B
A photocopy of letter no.
1332 dated 24.04.2023
4. Annexure-C
A photocopy of letter no.
875 dated 24.04.2023