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2010 DIGILAW 1084 (SC)

In the Matter of: Dr. Shiv Balak Choudhary Member BPSC v. .

2010-09-27

K.S.RADHAKRISHNAN, S.H.KAPADIA, SWATANTER KUMAR

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ORDER : 1. This Reference has been made by the President of India to this Court under Article 317(1) of the Constitution of India. 2. Having heard learned counsel on both sides, we are confining this Reference to the three specific charges which read as follows: “(1) That the Chairman, Dr. Ram Singhasan Singh and Members, Dr. Shiv Balak Chaudhary and Dr. Deonandan Sharma of the said Commission misused their office and indulged in corrupt practices while making recommendations for selection of candidates in the First Limited Competitive Examination as detailed in the Vigilance Report No. 19/2005. (2) That the Chairman, Dr. Ram Singhasan Singh and Members, Dr. Shiv Balak Chaudhary and Dr. Deonandan Sharma of the said Commission had abused their official position and indulged in corrupt practise while making recommendations for appointment of Shri Arun Kumar Sinha as Stadium Manager of Moinul Haque Stadium, Patna, as detailed in Vigilance Report No. 10/2006. (3) That the Chairman, Dr. Ram Singhasan Singh and two Members, Dr. Shiv Balak Chaudhary and Dr. Deonandan Sharma of the said Commission have also committed a number of irregularities in sending recommendations for appointment of office of the Bihar Veterinary Services (Class-II) as detailed in F.I.R. in vigilance P.S. No. 20/2006, all of which are serious acts of misconduct, if established.” 3. For the reasons given in the Order of this Court dated 28.7.2008 the case against the former Chairman, Dr. Ram Singhasan Singh was dropped. Needless to add, the case against the two Members, Dr. Shiv Balak Chaudhary and Dr. Deonandan Sharma, will proceed. 4. In the matter of recording evidence, we appoint Sh. Sunil Thomas, the Registrar of this Court to record evidence. The Examination-in-chief will be in the form of Affidavits with right to cross-examination by the said Members. 5. The Registrar will submit his Report within six months from today. 6. Learned Advocate for State of Bihar will see to it that record is brought to Supreme Court expeditiously. 7. List after six months.