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This is an archive article published on July 7, 2013

HC quashes state decision to remove Kaushambi DGC

The Allahabad High Court has rejected the state government’s order removing the then District Government Counsel (DGC) of Kaushambi district,Shiv Sewak Ram Dwivedi,saying the task of a lawyer was not to ensure maximum decisions in the favour of the state.

The Allahabad High Court has rejected the state government’s order removing the then District Government Counsel (DGC) of Kaushambi district,Shiv Sewak Ram Dwivedi,saying the task of a lawyer was not to ensure maximum decisions in the favour of the state. Dwivedi was disengaged on February 20.

The court has asked the district authorities and the Law Department to consider Dwivedi’s representation against the disengagement and pass a reasonable order,after taking care of the due procedures,within a period of two months. It said the only thing to be seen was the counsel’s integrity and adherence to human and professional values.

The court also said that the DGC could not be disengaged arbitrarily and without following procedures.

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Dwivedi was removed on February 20,without any notice,on the recommendation of the District Magistrate to the Law Department.

The grounds given by the DM was that many cases had gone against the state because the DGC did not pursue them properly.

Subsequently,Dwivedi approached the high court.

Passing the judgment Friday,a division bench of Justices Sunil Ambwani and Bachchoo Lal,said,“We are not much concerned with the number of cases decided against the state government… Such decisions were rendered on their own merits. There are no allegations of carelessness,negligence or lack of sincerity against the petitioner in pursuing such cases and thus the opinion of the DM that the petitioner was not taking sufficient interest,is not established from the records produced by the state government.”

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