R D GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Sri R.D. Gupta, a practicing advocate of this Court has filed the present petition under Article 226 of the Constitution of India seeking a writ, order or direction in the nature of certiorari quashing the order dated 31.1.2001 passed by the Special Secretary and Additional Legal Remembrancer Government of U. P., Lucknow (filed as Annexure-2 to the writ petition) and a writ of mandamus directing the respondents to permit him to function as standing counsel during the tenure of his engagement which shall expire on 31.3.2003. By the order dated 31.1.2001, the Governor of U. P. had terminated the engagement of the petitioner as standing counsel with immediate effect.

(2.) Briefly stated, the facts of the case giving rise to the present petition are as follows : The petitioner was initially appointed as standing counsel, Government of U. P. in this Court in July, 1990 for a term of one year, which was extended from time to time and vide order dated 31.3.2000, it was extended for a period of 3 years upto 31.3.2003. According to the petitioner, he was also included in the panel of standing counsel to deal in trade-tax matters. However, his engagement/appointment as standing counsel was terminated by the Governor of U. P. vide order dated 31.1.2001.

(3.) We have heard Sri N.C. Rajvanshi, learned senior counsel assisted by Miss Mona Rajvanshi on behalf of the petitioner and Sri P.M.N. Singh, learned Additional Advocate General, who represents the respondents.