BIHAR STATE BAR COUNCIL, BAR COUNCIL BHAWAN, PATNA THROUGH ITS SECRETARY Vs. ASHOK KUMAR SINGH SON OF SHRI DEO MUNI SINGH, RESIDENT OF MOHALLA MOULABAG, MAHABIR ASTHAN, ARRAH, P.S.

JUDGEMENT

(1.) BIHAR State Bar Council and its Secretary are the appellants before us. They are aggrieved by the order dated 27th March, 2006 passed by the Single Judge whereby the writ petition filed by the present respondent came to be allowed and a declaration has been made that the present respondent is continuing even up to date as Secretary of the Bihar State Bar Council and should be pnid his remuneration accordingly.

(2.) WE shall refer the present respondent, 'the petitioner ' and the present appellants, 'State Bar Council '. The petitioner was admitted as an Advocate on the roll of the State Bar Council on 28th August, 1990. Pursuant to the notice issued by the State Bar Council inviting applications, inter alia, for the post of Secretary, published in English daily "Hindustan Times" on 10th August, 2003, the petitioner applied alongwith necessary certificates and a bank draft of Rs.500/ -. That the petitioner fulfilled minimum qualification for the post of Secretary is not in dispute. The petitioner and the other applicants were asked to appear in the written test which was fixed on 12th October, 2003. Viva voce test was fixed on 15th October, 2003. The petitioner appeared in the written test as well as viva voce and seems to have secured the highest marks. By a letter dated 29th October, 2003 the petitioner was appointed to the post of Secretary, Bihar State Bar Council in the pay scale of Rs. 6500 -100 - 6900 -EB -150 -7500 -250 -11000 plus admissible allowances and he was directed to join the post on 1st November, 2003 at 10.30 A.M. and take charge of that post. The petitioner, accordingly, joined as Secretary, Bihar State Bar Council on 1st November, 2003. It appears that the subject concerning the appointment of the petitioner as Secretary, State Bar Council was placed before the General Body of the State Bar Council in its meeting fixed for 16th November, 2003. There seemed to be some dispute amongst its members in this respect and, accordingly, the subject matter was adjourned to 7th December, 2003. The meeting dated 7th December, 2003 could not be held and it was adjourned to 4th January, 2004. On 4th January, 2004 the General Body of the State Bar Council vide its resolution No. 1/04 disapproved the appointment of the petitioner as Secretary. One Ashok Kumar was authorized to work as officiating Secretary. In compliance of the resolution dated 4th January, 2004, the petitioner was communicated vide letter dated 5th January, 2004 that he was being removed and consequently, the petitioner ceased to be Secretary, State Bar Council from that date. It is this action of the State Bar Council that was put in issue by the petitioner by filing writ petition.

(3.) THE State Bar Council responded to the writ petition by filing counter affidavit and explained the circumstances under which the services of the petitioner were brought to an end. The State Bar Council justified its action in the light of the statutory provisions contained in the Advocates Act, 1961 (for short, 'Act, 1961) and the Bar Council of Bihar Rules, 1962 (for short, 'Rules, 1962 ').