Calcutta High Court
Calcutta High Court
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“Unfortunate state of affairs”, Calcutta HC expresses disapproval over cavalier manner in which affidavit was filed by Judicial Secretary [Read Order]

On January 13, this year, the High Court had called on the judicial officer to file an affidavit explaining why appointments to 23 vacant posts in the cadre of District Judge (Entry Level) had not been made to date.

Meera Emmanuel

The Calcutta High Court on Wednesday expressed its disapproval over incorrect submissions made by a Judicial Secretary in an affidavit filed by him before the Court, terming the turn of events as unfortunate. The Court has now directed the judicial officer to personally appear before the Court to explain the errors noted in the affidavit.

On January 13, this year, the High Court had called on the judicial officer to explain why appointments to 23 vacant posts in the cadre of District Judge (Entry Level) had not been made till date.

An affidavit signed by the Judicial Secretary was subsequently submitted by the Public Prosecutor before the Court.

The Bench of Justices Joymalya Bagchi and Suvra Ghosh, however, pointed out that there were discrepancies within the affidavit submitted by the Judicial Secretary.

Taking serious note of the same, the Court observed,

This unfortunate state of affairs lead us to a prima facie view that the deponent who is an experienced judicial officer holding a responsible position had affirmed the affidavit in a most casual and cavalier manner. Under such circumstances, we are constrained not to rely on the affidavit submitted before us.
Calcutta High Court

Consequently, the Court has directed the Judicial Secretary to appear in person and file a more detailed affidavit disclosing the relevant and correct information. Further, the Court ordered,

In the said affidavit the Secretary shall explain how he affirmed the averments in paragraph 2 and 3 as true to his knowledge inspite of incorrect averments therein.”

The matter has been listed to be taken up next on February 11.

[Read the Order]

Caclutta HC order re errors in affidavit filed by Judicial Secretary.pdf
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