G. Chandraiah v. A. P. Social Welfare Residential Schools, teaching and Non Teaching Staff association, Chilkur, RR District
2004-01-02
DEVENDER GUPTA, G.ROHINI
body2004
DigiLaw.ai
DEVINDER GUPTA, C. J. ( 1 ) THIS is an application filed by sri G. Chandraiah, advocate seeking expunction of remarks, made by the Division bench of this Court, in paragraph No. 12 of the judgment, dated 11th September 2002, rendered in Review W. A. M. P. No. 1292 of 2002 and Writ Appeal No. 16 of 2001. ( 2 ) PARAGRAPH No. 12 of the aforementioned judgment of the Division bench, dated 11/09/2001, reads as under:"in the review affidavit it is indicated that the government is probing into the matter regarding the fraud and collusion between its Standing Counsel and some government employees and members of the writ petitioner- association. We hope and trust that the government will sincerely probe into the matter and take appropriate action against the guilty persons as expeditiously as possible so that such incident may not recur again in some other departments of the Government. " ( 3 ) WE have gone through the record. We have also gone through the review affidavit. ( 4 ) THE aforementioned remarks in paragraph No. 12 of the judgment have been made as if in the review affidavit it is indicated that the Government is probing into the matter regarding the fraud and collusion between its Standing Counsel and some government employees and members of the writ petitioner-Association. The remarks also state that the Court had not come to any conclusion that there was any allegation of fraud and collusion between the government Standing Counsel, Government employees and members of writ petitioner- association. Remarks have been made simply while referring to the review affidavit that it indicates that probe was in progress regarding the alleged fraud and collusion between the Government Standing Counsel and Government employees and members of the writ petitioner-Association. Petitioner- herein was the Standing Counsel, who represented the Government. Having gone through the record and having gone through the affidavit filed in support of the review application, we find that the remarks are totally uncalled for. Affidavit states otherwise. Affidavit, in clear terms, states that unfortunately proper instructions were not given to the Counsel even by the department or the Society in regard to the crucial facts.
Having gone through the record and having gone through the affidavit filed in support of the review application, we find that the remarks are totally uncalled for. Affidavit states otherwise. Affidavit, in clear terms, states that unfortunately proper instructions were not given to the Counsel even by the department or the Society in regard to the crucial facts. Once the affidavit states that the Standing Counsel was not imparted appropriate instructions by the Department or the Society, there was no reason why there was any necessity to make any such remarks in the judgment, it appears that due to some inadvertence the remarks have been made as regards the Standing counsel. Therefore, we allow the application and we direct expunction of the words "its standing Counsel" in paragraph No. 12 of the judgment and on such expunction paragraph No. 12 of the judgment, in Review w. A. M. P. No. 1292 of 2002 and Writ Appeal no. 16 of 2001, will read thus:"12. In the review affidavit it is indicated that the government is probing into the matter regarding the fraud and collusion between some government employees and members of the writ petitioner-Association. We hope and trust that the government will sincerely probe into the matter and take appropriate action against the guilty persons as expeditiously as possible so that such incident may not recur again in some other departments of the government. " ( 5 ) ORDERED accordingly.