Lawstreet Journal

Functions of Advocate General Can be Transferred to Additional Advocate General: Allahabad HC Upholds Decision of the State Government [READ ORDER]

Lawstreet Journal 7 Sep 2020 9:51pm

Image courtesy: Lawstreet Journal Judiciary Functions of Advocate General Can be Transferred to Additional Advocate General: Allahabad HC Upholds Decision of the State Government [READ ORDER]

A circular was issued on 26.06.2020 by the State government in which it was stated that in the absence of learned Advocate General, the urgent and routine work at Allahabad shall be performed by Sri Manish Goyal, Additional Advocate General, whereas at Lucknow, the same will be performed by Sri Vinod Kumar Shahi, Additional Advocate General.

Challenging Para 3 of the Circular issued by the State Government, a practicing lawyer at Allahabad High Court, Ashok Pande said that “Advocate General is an important functionary of the Government of Uttar Pradesh and constitutional authority, therefore, para-3 of the impugned Circular is unconstitutional as it appoints two Additional Advocate Generals to perform routine and urgent work of the office of the Advocate General in case he is not available at Allahabad and at Lucknow.”

He filed a PIL “under Article 226 of the Indian Constitution” and further submits “In case the Advocate General, by reason of illness or otherwise, is not available, the State Government shall appoint new incumbent as Advocate General to perform all the duties of his office. According to him, in absence of the Advocate General, the work of the Advocate General cannot be entrusted to the Additional Advocate General.”

To support his contention the petitioner relied on 2 judgments of the Kerala High Court in M.K. Padmanabhan vs. State of Kerala and M.T. Khan vs. State of Andhra Pradesh.

He stated that no other person can perform the functions of the office of the Advocate General. He can perform it himself only. 

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Tagged: Allahabad High Court  
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