Sikkim HC Dismisses PIL On Controversial Appointment Of Advocate As OSD To CM

The Sikkim High Court has Dismissed a Public Interest Litigation (PIL) related to the appointment of a practicing Advocate, registered with the West Bengal Bar Council, as the Officer on Special Duty (OSD) to the Chief Minister of Sikkim.

The PIL alleged that Sunil Saraogi’s appointment violated the provisions of the Sikkim Public Services Act, 2006. The petitioner argued that Saraogi, being a practicing advocate registered with the Bar Council of West Bengal, was unlawfully appointed as OSD, contrary to the Sikkim Public Services Act, 2006.

Furthermore, the petitioner highlighted that Saraogi, while serving as OSD, was appointed as the Executive Chairman and Director of Teesta Urja Ltd., a government-owned public company, which was also believed to be in violation of the Sikkim State Public Services Act, 2006.

During the previous hearing, the Additional Advocate General informed the court that the government may have been unaware of Saraogi’s status as a practicing lawyer registered with the Bar Council of West Bengal at the time of his appointment as OSD.

The Bar Council of India, represented by a senior advocate, stated that they had taken action against Saraogi and issued a prohibitory order against him.

After considering the arguments, the High Court concluded that two main aspects needed examination: the legality and propriety of Saraogi’s appointment. The court provided the respondents with an opportunity to file their counter-affidavits within a fortnight, and any replies to be filed within a week thereafter.

The matter was scheduled for further consideration on June 8, 2023. However, before the final hearing, the State of Sikkim informed the bench that Saraogi had submitted his resignation as OSD on June 7, 2023. As the PIL revolved around the contested appointment of Saraogi, the court deemed it unnecessary to proceed further in light of his resignation.

Therefore, the court disposed of the PIL.