IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.135 of 2007 1. The State of Bihar through the Secretary Science and Technology Department, Government of Bihar, Patna. 2. The Additional Secretary, Department of Science and Technology, Government of Bihar, Patna. 3. The Director, Department of Science and Technology, Government of Bihar, All the above addressed at Technology Bhawan, Baily Road, Patna. 4. The Principal, M.I.T., Muzaffarpur- 842003. ... Petitioners. Versus Suresh Kumar Saran, son of Late Ram Bihari Saran, Junior Instructor, Electrical, Department of Electrical Engineering, Muzaffarpur Institute of Technology, Muzaffarpur-3. ... Opp. Party. ------ 07- 7.11.2008 Heard Mr. Vinay Kumar Pandey, learned junior counsel to Standing Counsel No.7, and Mr. Suresh Nandan Sinha for the opposite party. The State of Bihar has filed this application for review and/or recall of the order dated 18.8.2005 (Annexure-1), passed in C.W.J.C. No.14845 of 2004 (Suresh Kumar Saran Vs. The State of Bihar and others), whereby the writ petition was allowed with the direction to the State of Bihar and its functionaries. The State of Bihar preferred appeal against this judgment which was disposed of by a Division Bench of this Court by order dated 23.2.2007 (Annexure- 2 5), passed in L.P.A. No.89 of 2006 (State of Bihar and ors. Vs. Suresh Kumar Saran), and is reproduced hereinbelow for the facility of quick reference: “Heard counsel for the parties. Before advancing arguments, learned counsel for the appellants submitted that no counter affidavit was filed in the writ application on behalf of the State and, therefore, the contentions of the State was not properly appreciated. From the order dated 9.8.2005 passed in the writ application, it appears that the State Counsel submitted before the court that the counter affidavit is ready but it could not be served upon counsel for the petitioner as he was not available. The matter, thereafter, was passed over but still then the counter affidavit was not filed in the writ application. However, for better appreciation of the matter, the appellant, if so advised, may file review application before the learned Single Judge. With the aforementioned observations, this appeal is dismissed. Sd/- Narayan Roy, J. Sd/- J.N. Singh, J.” In other words, the State of Bihar was permitted to file a review application before the writ court on the ground that the State of Bihar had not filed its counter affidavit and the matter was disposed of in its absence. 3 2. It appears on a perusal of the said order dated 18.8.2005 (Annexure-1), that paragraph 3 opens with the following sentence: “3. The respondents have placed on record their counter affidavit and have opposed this writ petition...” It further appears on a perusal of the paper-book of the writ proceedings that the respondents indeed filed two sets of counter affidavits and the petitioner had filed rejoinder thereto. It is thus manifest that the State of Bihar had filed a most redundant appeal and obtained an erroneous order seeking liberty to file a review application leading to the present review application. This is a very serious matter. In view of the irresponsible action of the respondent State of Bihar, it has resulted in most unwanted proceedings, delaying implementation of the judgment of this Court, leading to the analogous contempt application bearing M.J.C. No.1566 of 2007 (Suresh Kumar Saran Vs. The State of Bihar and others).Such a careless approach has resulted in three most unwanted matters in this Court. 3. Confronted with this position, the learned Government Counsel seeks permission to 4 withdraw this review application with the undertaking to implement the order within the period assigned by this Court. The review application is accordingly permitted to be withdrawn with the direction to pay costs quantified at Rs.25,000/-(Twenty-five thousand) to the petitioner, and further deposit a sum of Rs.25,000/- (Twenty-five thousand) with the High Court Legal Services Committee, Patna, all within a period of two months from today. The Secretary, Science and Technology Department, Government of Bihar, shall ensure compliance of this order. As undertaken by the learned Government Counsel, let the order of the writ Court be implemented within the said period of two months. 4. Let copy of this order be brought to the notice of the Chief Secretary of the State of Bihar as to the manner in which the State of Bihar is conducting its affairs and also its litigations. Let a copy of this order be handed over to Mr. Satya Prakash Tripathi, learned Standing Counsel No.7. (S K Katriar, J.) S.K.Pathak/ 5