Civil writ petition
D. K. Jain
(Querist) 24 October 2012
This query is : Resolved
In a Civil Writ Petition, the judge asked for the personal appearance of a Senior Govt. Official in the absence of any detailed Rules provided by the Deptt.(Respondent) But he did not appear and the earlier Rules were supplied again in a bound volume and another advocate under whom the Judge was practising earlier, as his Junior, was engaged by the Respondent Deptt. On his appearance in the case, ignoring the absence of the Senior Officer, the Judge getting lenient, asked Respodents to file affidavit which was again falsely submitted. The reply in the shape of counter Affidavit was filed to expose the falsehood of the affidavit but the Judge is reluctant to take the reply (counter affidavit) on record. Whether this is in violation of Articles 14 & 16 of the Constitution of India ?
Advise me, can we apply for change of Judge, or transfer of petition to any other court and how ?
Devajyoti Barman
(Expert) 24 October 2012
First check whether any liberty was given to file counter affidavit. If not then the court is not bound to accept the copy.
If you think that the Judge was personally known to either of the parties then apply to him for his recusal of the case or bring this to the notice of the chief justice.
