Sunil Saraogi Resigns As OSD To Chief Minister Tamang, Sikkim High Court Disposes PIL Against His Appointment

The Sikkim High Court has disposed of a Public Interest Litigation (PIL) pertaining 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 had alleged that Sunil Saraogi was appointed in violation of provisions of the Sikkim Public Services Act, 2006.

The primary contention of the petitioner was that Saraogi, at the time of his appointment as OSD, was a practicing advocate registered with the Bar Council of West Bengal and that this appointment was in violation of the Sikkim Public Services Act, 2006.

The petitioner also highlighted that Saraogi, while serving as OSD, was appointed as the Executive Chairman and Director of Teesta Urja Ltd., a public company substantially owned by the Government of Sikkim and this appointment too was alleged to be contrary to the provisions of the Sikkim State Public Services Act, 2006.

On the previous date of hearing Additional Advocate General had submitted 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.

During the proceedings, the Bar Council of India, represented by a senior advocate, had stated that they had initiated action against Saraogi and issued a prohibitory order against him.

After considering the arguments, the High Court had determined that there were two main aspects that had to be examined: the legality and propriety of Saraogi's appointment.

"Prima facie, it appears that on both scores, the private respondent no.6 is suspect. However, before we come to a final decision in the matter; purely in the interest of justice, we give an opportunity to the respondents to file their respective counter-affidavits, which shall be filed within a period of fortnight from date. Reply thereto, if any, within a week thereafter",the bench had recorded in its previous order dated May 18th 2023.

The matter was then listed for further consideration on June 8, 2023.

However, before the final hearing could take place, the State of Sikkim informed the bench of Chief Justice Biswanath Somaddar and Justice Meenakshi Madan Rai that Saraogi had submitted his resignation as OSD on June 7, 2023. Considering that the PIL revolved around the contested appointment of Saraogi, the court found no reason to proceed further in light of his resignation.

Consequently, it disposed of the PIL.

Case Title: Jit Bahadur Limboo Vs State of Sikkim.

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