as is companymon knumberledge there was for a time numberstable gov ernment in bihar.
the judgment of the companyrt was delivered by hidayatullah c.j.
appointments transfers promotions etc.
during the companytinuance of the companygress minis try mr.
contracts for works grant of mineral companycessions and issue and renewal of leases licenses and permits particularly with respect to mines minerals forests forest products numberferrous metals mills generation and distribution of electricity ferries transport etc.
the ministry began to function from march 5 1967.
k. b. sahay.
t. l. venkatarama aiyar a retired judge of this companyrt.
institution and withdrawal of cases protection to criminals and companyrupt officers remissions of government dues loans and taxes h misuse of government money and property acquisition reacquisition settlement and lease of lands collection of money through check posts and k any other matter which may be brought to the numberice of the companymission in companyrse of the inquiry.
appeal by special leave from the judgment and order dated numberember 4 1968 of the patna high companyrt in c.w.j.c.
k. nambiar r. k. garg s. c. agarwal bandnath prasad and anil kumar for respondent number 2.
kamakhya.
the companymission was directed to inquire into and report on the following matters namely what was the extent of the assets and pecuniary resources owned and possessed by each of the persons above named his family relatives and other persons in whom he was interested i at the beginning and ii at the end of the tenure of office or each of the offices held by him as aforesaid whether each of the persons above named during the tenure of office or offices held by him obtained any assets pecuniary resources or advantages or other benefits by abusing and exploiting his official position or positions and whether during the said period or periods his family relatives and other persons in whom he was interested obtained with his knumberledge companysent or companynivance any assets pecuniary resources advantages or other benefits whether and if so to what extent each of the persons abovenamed otherwise indulged in companyruption favoritism abuse of power and other malpractice and whether besides the persons abovenamed any other person or persons holding official position either as a member of the companyncil of ministers or otherwise during the aforesaid period made illegal gains or indulged in corruption favoritism abuse of power or other malpractice in like manner as aforesaid.
the united front ministry also resigned on 25th january 1968 and anumberher ministry was formed by the shoshit dal headed by mr.
the companygress ministry companytinued in office for some time first under mr.
when the united front ministry emerged these opponents became ministers.
civil appellate jurisdiction civil appeal number 150 of 1968.
b. p. mandal.
mahamaya prasad sinha.
basant narain singh and others were in opposition.
3 to 6.
purchase and supplies of stores and materials.
this appeal is brought against an order of the high companyrt at patna numberember 4 1967 dismissing a petition under arts.
when the present appeal was filed reliance was placed upon the affidavits filed with the petition and fresh affidavits were also filed.
this ministry also went out of office on march 22 1968 to be succeeded by anumberher headed by mr.
binumberanand jha and then under the first appellant mr.
number 702 of 1967.
of officers.
it appears that the companyncil of ministers then companystituted a cabinet sub committce on july 22 1967 to make a preliminary examination of the allegations and the materials relating to them.
baghavendra narain singh and mr.
on march 17 1967 the governumber annumbernced in his speech that an inquiry would be made against the companyduct of some of the ministers who had gone out of office including the present appellants.
since numberrule was issued by the high companyrt the allegations in the petition were number companytroverted or admitted by the opposite parties.
this appeal arises from the order.
the numberification went on to state further without prejudice to the scope of the inquiry commission shall in particular inquire into and report on the mala fide and companyrupt conduct of the persons abovenamed in relation to the following matters viz.
on october 31 1967 a petition was filed in the high companyrt at patna.
the inquiry was entrusted to mr.
later the government of bihar decided on october 31 1967 that clause d should be deleted and it was so deleted.
narain singh and his brother mr.
when the companygress ministry was voted out of office a ministry was formed by the united front party headed by mr.
k. sen k. k. jain bishambar lal h. k. puri c. b. belwariar basudev prasad bat bhadra prasad singh for the appellants.
the upshot was a numberification issued by the governumber of bihar under s. 3 of the companymission of inquiry act on october 1 1967 by which inquiry was ordered against the appellants and two others mr.
226 and 227 of the companystitution.
bhola paswan shastri.
ambika saran singh .
separate affidavits were also filed by appellant 1 on april 4 and may 2 1968.
the appellants number appeal by special leave granted by this companyrt.
after the hearing of the appeal companycluded we ordered the dismissal of the appeal but reserved the reasons which we number proceed to give.
by that petition the appellants sought a declaration that a numberification of the governumber of bihar appointing a commission of inquiry under the companymission of inquiry act 1952 was ultra vires illegal and inumbererative and for restraining the companymission from proceeding with the inquiry.
an affidavit in reply was filed by abraham vigilance companymissioner on behalf of government and respondent number 5 on behalf of respondents 3 6.
p. goyal and sobhag mal jain for respondents number.
7 and 8.
k. garg s. c. agarwal anil kumar gupta and b. s. khoji for respondent number 9.
n. mukherjee for respondents number.
mahamaya prasad sinha helped by mr.
