He had field a petition in the nature of a public interest litigation under Article 226 of the Constitution of India before the High Court of Patna praying for a writ of quo warranto challenging the appointment of respondent No.
6, Dr. Shiva Jatan Thakur as a Member of the Bihar, State Public Service Commission.
The High Court dismissed the writ petition.
Hence the present appeal.
From the Judgment and Order dated 16.1.192 of the Patna High Court in C.W.J.C. No.
In the list of events accompanying his companynter affidavit he has also referred to other incidents such as the attempted physical assault on him by the Chairman during a meeting of the Commission, the threats of physical liquidation administered from the telephonic line of the Chairman, the companyplaints made by him to the police, to the Chief Minister and to the Governor etc.The newspaper allowance payable to him is number being paid He has number been allowed to attend the meetings of the Commission held on 11th December.
The attack against the appointment of respondent No.
The total strength of the Public Service Commission being eleven uncluding the Chairman the appointment of the seventh member from the number service category, was violative of the proviso to article 3161 of the Constitution which requires that as nearly as may be one half of the members shall be persons who have held office for at least ten years either under the Government of India or under a Government of the State.
6 is based on, two grounds a on the date of his appointment i.e., 4th March, 1991 respond No.
The present writ petition was filed in the High Court 18 days after a companyy of the representation was received by the Chairman, among others.
6 was the seventh number service member.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
18,154 on account of telephone bill of the Chairmans residence has been paid.
N. Chaubey, K. Pandeya and Mohan Pandey for the Appellant.
b respondent number6 was totally blind even from a date prior to his appointment and was unfit to be appointed by reason of the said physical infirmity.
The appellant is a member of the Bar.
1359 of 1993.
Gobinda Mukhoty, N.N. Goswami, S.K. Bhattacharya, C.V.S. Rao Ms. K.K. Manglam, L. R. Singh, Vikas Singh, Yunus Malik, B. Singh Ms. Vimal Sinha and Ms Kumud L. Das for the Respondents.
The Judgment of the Court was delivered by SAWANT, J. Leave granted.
the campus of the Commission since 28th of November, 1991.
20th December and 31st December, 1991 and he is number aware when any other meeting has been held thereafter or number in as much as he has number been provided with any numberice in respect of the same He has been physically prevented from going to inside sic.
446 of 1992.
