State Of Uttarakhand And Others vs Trilok Singh Kathait And Another

Manoj Kumar Tiwari, J

State has filed this intra-Court Appeal challenging the orders dated 15.03.2018, 04.04.2018 and 26.04.2018, passed by learned Single Judge in Writ Petition (S/S) No. 60 of 2018.

Learned State Counsel submits that in the orders impugned in this appeal, learned Single Judge has made disparaging remarks against the State Counsels in general, and also personal remarks were made in respect of one particular State Law Officer. He submits that the remarks made by the Writ Court are not warranted in the facts and circumstances of the case. He further submits that similar remarks made in some other writ petition were expunged by Co-ordinate Bench. He produced in Court order dated 13.11.2018, passed in Special Appeal No. 288 of 2018, which is extracted below:-

“Both Sri C.K. Sharma, learned counsel for the appellant and Sri Rakesh Thapliyal, learned counsel for the respondents-writ petitioners would agree that the subject matter of this Special Appeal is covered by the order passed by a Division Bench of this court in Special Appeal No. 390 of 2018 dated 12.11.2018.

Following the said order, and in terms thereof, the findings recorded against the Chief Standing Counsel in the order under Appeal are quashed; the Special Appeal is allowed; and the impugned order, in so far as it had recorded findings against the Chief Standing Counsel, is set aside.”

Learned State Counsel for the appellant thus submits that this Special Appeal be decided in terms of the final order, passed in Special Appeal No. 288 of 2018 and the observations made against State Law Officers be set aside.

Mr. Subhash Upadhyay, learned Amicus Curiae fairly submits that this Appeal can be decided in terms of order dated 13.11.2018, passed in Special Appeal No. 288 of 2018 and the remarks made against State Law Officers can be expunged.

In view of consensus between the parties and in the facts and circumstances of the case, we dispose of this Special Appeal in terms of order dated 13.11.2018, passed in Special Appeal No. 288 of 2018. The observations made by learned Writ Court against the State Law Officers in general and the then Chief Standing Counsel, in particular, are expunged.

Let the record of the Writ Petition be placed before learned Single Judge as per roster, who may decide the matter on merits.