Cuttack: Orissa High Court expressing concern over the filing of a fabricated affidavit by former Cuttack Collector and District Magistrate Bhabani Shankar Chayani in an illegal sand mining case had warned to initiate criminal proceedings against the officer.
However, the High Court held back it at the last moment giving an opportunity to the senior officer, who is now posted as Director of Higher Education department, to rectify his mistake within 15 days.
Adjudicating a PIL relating to illegal sand mining in the Kathajodi riverbed, a Division Bench headed by Acting Chief Justice B R Sarangi, in an order delivered on Thursday, observed that the affidavit filed by Shri Chayani on July 19 was based on false information and flimsy statements.
“It is construed that the affidavit is false and criminal proceedings should be initiated against such person,” Honorable Court ordered.
But when the Government Advocate requested the Court not to press the July 19 affidavit and sought an opportunity to file a fresh affidavit, the High Court yielded to it with a condition.
“If one opportunity is granted and the authorities will rectify their mistakes within fifteen days, then this Court will not pursue the proceedings,” the Division Bench, also comprising Justice M S Raman, ordered posting the matter to be heard again after 15 days.
