ANIL YADAV & ORS. versus STATE OF BIHAR & ANR.

ANIL YADAV & ORS. versus STATE OF BIHAR & ANR.

There is no substantiated evidence that the suspension order was passed to prevent the petitioner from filing an affidavit as directed by the Court. The suspension was not mala fide in this narrow sense; the petitioner may challenge the suspension in properly constituted proceedings on appropriate grounds.

Parties
Petitioners: Anil Yadav & Ors.; Respondents: State of Bihar & Anr.; Petitioner in Person: B.L. Das; Respondent (cbi): R.N. Poddar
Jurisdiction
India
Judgment Date
23 March 1982
Procedural Posture
Criminal Miscellaneous Petition/writ Petition Under Article 32 / Final Order on Miscellaneous Petitions
Outcome
Petitions dismissed
Legal Topics
Habeas Corpus, Suspension of Government Official, Government Conduct, Affidavit Compliance, Ma/a Fide Orders
Constitutional Law Criminal Law Administrative Law Habeas Corpus Suspension of Government Official Government Conduct Affidavit Compliance Ma/a Fide Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Anil Yadav & Ors.

Petitioners

State of Bihar & Anr.

Respondents

B.L. Das

Petitioner in Person

R.N. Poddar

Respondent (cbi)

Procedural Posture

Criminal Miscellaneous Petition/writ Petition Under Article 32 / Final Order on Miscellaneous Petitions

Legal Issues

  1. 1 Whether the suspension order against the Superintendent, Bhagalpur Central Jail, was passed with the mala fide object of preventing compliance with Supreme Court's order
  2. 2 Whether an order of suspension can be challenged in incidental proceedings

Ratio Decidendi

There is no substantiated evidence that the suspension order was passed to prevent the petitioner from filing an affidavit as directed by the Court. The suspension was not mala fide in this narrow sense; the petitioner may challenge the suspension in properly constituted proceedings on appropriate grounds.

Court Disposition

Petitions dismissed

Orders

  • Petitioner at liberty to challenge the suspension order in properly constituted proceedings on any open ground, including mala fide.
  • No penalty or punishment should be imposed by the State Government for approaching the Supreme Court or attempting to disclose the truth.