HC Directs Bihar: Demands Explanation for Engaging Lawyers Without AG’s Nod
Patna HC directs Bihar Edu Dept to explain engaging unauthorized lawyers without AG's nod. Court displeased with the situation. The department is directed not to engage special lawyers without the AG's discretion. Hearing on August 11.
Patna HC Orders Bihar Edu Dept to Explain Why Lawyers were Engaged Without AG’s Nod
HC Orders Bihar Edu Dept for an explanation regarding engaging special lawyers without AG’s nod. Patna High Court directs the Department of Education to explain the engagement of outside counsel without prior approval from the Advocate General, citing the Bihar Law Officers (Engagement) Rules, 2023.
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AG’s Consent Lacking:
The peculiar situation arose during the hearing of two writ applications concerning music teachers’ recruitment. The court ruled in favor of allowing them to participate. However, objections were raised when a counsel from Delhi appeared on behalf of the state without the AG’s consent.
Advocate General PK Shahi expressed his embarrassment with the situation and submitted that the engagement of a special counsel outside the rules of 2023 was unauthorized. The AG highlighted Rule 13, which grants discretion to engage a special counsel for important government issues in consultation with the administrative and law departments.
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AG, Court Displeased:
The court, the advocates, and the AG expressed dissatisfaction with the situation. The AG emphasized that the rules apply to all departments, and the Department of Education must provide an explanation for engaging external lawyers without proper consent.
The next date of hearing is scheduled for August 11, and until then, the department is directed not to engage special lawyers without the AG’s discretion.
Note: The paraphrased version provides the main points and context of the original text in a shorter form. The exact details and wording may vary.
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