COUNTER AFFIDAVIT IN SUPREME COURT

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. …………..of 20…..

 

IN THE MATTER OF:

All India Prosecutor’s Association                    Petitioner

Versus

Union of India & Ors.                                     Respondents 

COUNTER AFFIDAVIT ON BEHALF OF STATE OF BIHAR RESPONDENT NO.8

I, _____________ aged about ____ years, son of _________________ residing at _____________, ______________, __________, do hereby solemnly affirm and state as under.

  1. That I am posted as ________________ Government of Bihar. I am conversant with the facts and circumstances of the case from the perusal of official records and files in my official capacity. I have been authorized in this Writ Petition, to file the counter affidavit on behalf of respondent no. 8, State of Bihar. Hence, I am competent to swear this affidavit.
  2. That I have read the contents of the above Writ Petition and understood its contents. The facts not specifically admitted are denied and the petitioner be put to strict proof thereof. 
  3. That it is respectfully submitted that the instant Writ Petition is being filed by the Petitioners for establishment of Directorate of Prosecutors under Section 25A Cr.P.C, creating promotional avenue from regular cadre of Assistant Public Prosecutors and to provide basic facilities for the Public Prosecutors like library facility, Computer and current Law journals/ reports, separate chamber/ office with toilet, Staff supports and other paraphernalia.
  4. That it is humbly submitted that Directorate of Prosecution was established by the Government of Bihar in March 1981 through Circular No. 2203 dated 10.03.1981. A true copy of the Circular No. 2203 dated 10.03.1981 is annexed herewith as ANNEXURE-A.
  5. That it is further submitted that the Directorate of Prosecution in State of Bihar is functioning free from Police Control and is headed by an IAS Officer, under the Control of Home Department, Government of Bihar.
  6. That it is humbly submitted that on the basis of recommendation of 197th report of National Law Commission the Government of Bihar vide its circular no. 1186 and 1187 dated 08.11.2012 had decided to fill 50 % post of Additional Public Prosecutors from regular cadre of prosecuting agency and 50% of the post is filled from the member of Bar. A true copy of the circular no. 1186 dated 08.11.2012 is annexed herewith as ANNEXURE-B and A true copy of the circular no. 1186 dated 08.11.2012 is annexed herewith as ANNEXURE-C. 
  7. That it is humbly submitted that in State Of Bihar there is Promotional avenue for the Assistant Public Prosecutors which is as follows:
  8. Basic Post- Assistant Prosecution Officer (APO) having Pay Scale PB-2- 9300-34800, GP-4800.
  9. Sub- Divisional Prosecution Officer/ Addl. Public Prosecutors having Pay Scale PB-3- 15600-39100, GP-6600.
  10. Sub- Divisional Prosecution Officer/ Addl. Public Prosecutors, Selection Grade having Pay Scale PB-3- 15600-39100, GP-7600.
  11. District Prosecution Officer/ Deputy Director of Prosecution having Pay Scale PB-4- 37400-67000, GP-8700. 

A true copy of the Circular No. 603 dated 12.06.2014 is annexed herewith as ANNEXURE-D.

  1. That it is humbly submitted that all the basic and necessary facilities are provided in all District/ Sub-Divisional Prosecution office in State of Bihar. That latest Computer System and Printers are there in the Offices. The Offices have base telephone. The offices are provided with Current Law Journals/ Reports.
  2. That it is further submitted that refresher courses/ training programs are also organized from time to time by the Directorate of Prosecution and the process of restructuring of Directorate of Prosecution is going on. 
  3. That the facts stated in the above affidavit are true to my knowledge derived from the official records and no part of the same is false and nothing material has been concealed there from.

     

DEPONENT

VERIFICATION:

I the above named deponent do hereby verify that the facts stated in the above affidavit are true to my knowledge derived from official records, which I believe to be true. No part of it is false and nothing material is concealed there from.

Verified at _________, on this _______day of______, 2015.

 

 

 

DEPONENT

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