STATE Vs. ALLA SINGH

JUDGEMENT

(1.) THIS appeal is filed on behalf of the State and without any authorisation from the Competent Authority. Confronted with this situation, Mrs. Seema Shekhar, G.A. submitted that she could maintain it in her capacity as a Govt. Advocate.

(2.) THE right of appeal is a statutory right liable to be exercised only by the aggrieved party. A Govt. advocate cannot be treated to be the party for the purpose. An Advocate, private or the Govt. one, is an authorised agent/representative to maintain and conduct the cause of the party. But such advocate cannot claim to be a substitute for the party and equate himself/herself with the party. Moreso, a Govt. Advocate carries on case to case basis, therefore, no Govt. Advocate could not take it upon himself/herself to file an appeal for the State which may or may not like to exercise its right in the given circumstances. It is noticed that the Govt. appeals, expected to be maintained on close scrutiny and due deliberations, are now filed with no holds barred (SIC) and without any proper authorisation leading to unnecessary multiplicity of litigation, and resulting in sheer waste of court time. In the circumstances it become necessary to direct the State -appellant and its concerned functionaries including the law Secretary, to take steps to deal with this situation and to ensure that the Govt. appeals are filed on proper authorisation in accordance with the prevalent rules. The appeal is rejected on this count also.

(3.) ON merits, we find the respondents land measuring 2 kanals was taken away by the Govt. for installation of a water pump in 1994. In lieu thereof he was promised employment in Class -IV category and was engaged on daily wage basis. He was allowed to continue in the engagement till September, 1995. Meanwhile he approached this court in SWP No. 1527/95 and the writ court by order dated 26.6.1996 allowed his petition and directed the State to re -engage him as daily wager within a week from the date of the order. This appeal has been filed to assail this order.