Shashi Kumar vs The State Of Bihar
2024 Latest Caselaw 3484 Patna

Patna High Court

Shashi Kumar vs The State Of Bihar on 2 May, 2024

Bench: Chief Justice, Harish Kumar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.1211 of 2024
     ======================================================
     Shashi Kumar S/o- Anil Kumar Resident of Shiv Bazar, P.S.- Bhagwan Bazar,

     District- Saran at Chapra.



                                                                 ... ... Petitioner/s

                                      Versus



1.   The State of Bihar through the Law Secretary, Law Department, Bihar,

     Patna.
2.   The Law Secretary, Law Department, Govt. of Bihar, Patna.


3.   The Principal Secretary, General Administration Department, Government

     of Bihar, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr.Nawal Singh, Advocate
     For the Respondent/s   :     Mr. P.K. Shahi, Advocate General
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 02-05-2024

An Advocate seeks to challenge Rule-6(3) of the Bihar

Law Officers (Commitment) rules, 2023 and also seeks a

direction to the respondents to consider the petitioner's

application for appointment as an Additional Public Prosecutor

in the District Court of Saran.

Patna High Court CWJC No.1211 of 2024 dt.02-05-2024

2. Admittedly, the petitioner does not comply with the

conditions prescribed in Rule-6(3) of the Bihar Law Officers

(Commitment) Rules, 2023 and hence he is not qualified.

3. We find the challenge to be misconceived and

untenable. The engagement of a Government Advocate or a

Public Prosecutor is the prerogative of the Government and it is

just like any other engagement of a Counsel by a litigant. The

State is the most prolific litigant in every court and it is only

natural that; we presume they would engage the best talent

available. It is for the State as an authority by itself and as a

litigant, to prescribe such conditions for appointment, as a

Government Advocate, which is prescribed under the above

Rules so as to have transparency in appointment and also since

the appointees are paid out of public funds. The prescription

insofar as filing of ITR for the last three consecutive financial

years cannot be said to be arbitrary or illegal.

4. Mr. P.K. Shahi, learned Advocate General who had

appeared on behalf of the State also pointed out that that there is

no income limit prescribed. The factum of a tax return filed and

the income generated from the profession is one of the

parameters on which the competence of an Advocate insofar his

experience could be evaluated.

Patna High Court CWJC No.1211 of 2024 dt.02-05-2024

5. We also do not find any way to direct the State to

appoint one or another as a Government Advocate or a Public

Prosecutor.

6. For all the above reasons, we find ourselves unable to

entertain the writ petition and dismiss the same in limine.

(K. Vinod Chandran, CJ)

(Harish Kumar, J) ranjan/-

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Uploading Date          06.05.2024
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