MUNDRIKA PRASAD SINHA versus STATE OF BIHAR

MUNDRIKA PRASAD SINHA versus STATE OF BIHAR

The petitioner, as Government Pleader, does not possess a legal right to a monopoly over all Government cases in the district, as the definition under section 2(7) of the Code of Civil Procedure is inclusive. The Government has the authority to appoint multiple Government Pleaders or Assistant Government Pleaders and allocate work among them as administrative necessities demand. The relevant Bihar Government rules do not create enforceable legal rights but serve as administrative guidelines. The High Court rightly dismissed the writ petition, as no manifest error or question of law was made out.

Parties
Petitioner: Mundrika Prasad Sinha; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
20 September 1979
Procedural Posture
Special Leave Petition (civil) / Application for Special Leave to Appeal Under Article 136 From Judgment and Order Dated 12 7 1979 of the Patna High Court in C.w.j.c. No. 1618/79
Outcome
Petition dismissed
Legal Topics
Appointment of Government Pleaders, Withdrawal of Cases From Government Pleader, Government Litigation Policy, Legal Rights of Government Pleaders
Civil Procedure Administrative Law Appointment of Government Pleaders Withdrawal of Cases From Government Pleader Government Litigation Policy Legal Rights of Government Pleaders

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Parties

Mundrika Prasad Sinha

Petitioner

State of Bihar

Respondent

Procedural Posture

Special Leave Petition (civil) / Application for Special Leave to Appeal Under Article 136 From Judgment and Order Dated 12 7 1979 of the Patna High Court in C.w.j.c. No. 1618/79

Legal Issues

  1. 1 Whether the Government can appoint Assistant Government Pleaders during the term of an existing Government Pleader and allocate cases among them
  2. 2 Whether the petitioner has a legal right to conduct all Government cases in the district to the exclusion of others
  3. 3 Whether administrative rules regarding Government Pleaders create enforceable legal rights

Ratio Decidendi

The petitioner, as Government Pleader, does not possess a legal right to a monopoly over all Government cases in the district, as the definition under section 2(7) of the Code of Civil Procedure is inclusive. The Government has the authority to appoint multiple Government Pleaders or Assistant Government Pleaders and allocate work among them as administrative necessities demand. The relevant Bihar Government rules do not create enforceable legal rights but serve as administrative guidelines. The High Court rightly dismissed the writ petition, as no manifest error or question of law was made out.

Court Disposition

Petition dismissed

Orders

  • Special leave petition under Article 136 dismissed.
  • No grounds made out for interference with the High Court's order.