Supreme Court: Second Bail Order Must Record Changed Circumstances or Fresh Grounds  ||  SC: Severity of Injury Alone Cannot Prove Attempt to Murder Without Intent to Cause Death  ||  SC: Promissory Estoppel Cannot Be Used to Claim Unintended Benefits, Lays Down Principles  ||  Kerala High Court: No Unrestricted RTI; DPDP Act Strengthens Privacy Framework  ||  Allahabad High Court: Juvenile Offence Case Does Not Bar Govt Job In Adulthood  ||  Gauhati HC: Burden Of Proving Citizenship Stays With Proceedee and Does Not Shift At Any Stage  ||  Delhi HC: Property Disputes Between In-Laws and Daughter-In-Law are Not Exclusively For Family Court  ||  Delhi High Court: After Probate is Granted, A Will Does Not Require Fresh Proof under Section 68  ||  Ker HC: Periodic Replacement and Maintenance of Prosthetic Limb Must Be Included in Compensation  ||  Madras High Court: DNA Test Not Required For Mother to Donate Kidney to Her Son    

Uttam Kumar Pandey Vs. State of Chhattisgarh and Ors. - (High Court of Chhattisgarh) (14 May 2019)

For issuance of writ of quo warranto, appointment has to be contrary to statutory rules

MANU/CG/0278/2019

Criminal

The Petitioner, himself a lawyer, would seek quashment of the appointment of Respondent No. 3 on the post of Deputy Advocate General by issuance of writ of quo warranto. Challenge to the appointment of Respondent No. 3 is based on the ground that, at the time when Respondent No. 3 was elected and working as Joint Secretary of the High Court Bar Association, he displaced and removed the name plates of the advocates, which they have put over the tables/chairs in the common hall of the Advocate Chambers.

When Respondent No. 3 was committing this wrongful action, the Petitioner protested upon which the said Respondent used his muscle power and beat the Petitioner with the help of other advocates, at the same time using filthy abuses and criminally intimidating him. On Petitioner's report, Crime was registered by the concerned police for offence under Sections 294, 506, 323/34 of the Indian Penal Code, 1860 (IPC) and the trial is pending against him before the Judicial Magistrate.

On Respondent No. 3 being appointed as Deputy Advocate General vide State Government's order, the Petitioner submitted a representation to the Advocate General and the Secretary, Law and Legislative Affairs Department, however, no action has been taken. It is argued that, Respondent No. 3 lacks institutional integrity attached to the office of Deputy Advocate General and appointment has been made without effective consultation with the Advocate General.

It is settled law that, for issuance of writ of quo warranto, the High Court has to satisfy that the appointment is contrary to the statutory rules. In view of this settled legal position, it was necessary for the Petitioner to place on record the statutory rules or even circulars providing statutory norms for appointment as Deputy Advocate General. The power of judicial review, even when it is very restricting, cannot be denied to be exercised without adverting to the relevant fact.

It is noticed that offences allegedly committed by Respondent No. 3 is only under Sections 294, 506 and 323/34 of the IPC. The incident happened when he was Joint Secretary of the High Court Bar Association. It is not a case of cheating, fraud or rape. Quashing appointment on this ground therefore does not appear to be proper. Except one criminal case for an incident which had happened in the Bar Room, no other fact or proceeding in respect of integrity of Respondent No. 3 has been brought to the notice of this Court. Petition dismissed.

Tags : APPOINTMENT   LEGALITY   WRIT   ISSUANCE  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved