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Sikkim High Court disposes of PIL challenging appointment of lawyer as OSD to CM

The Sikkim High Court disposed of a Public Interest Litigation (PIL) filed centres around the appointment of private respondent as the Officer on Special Duty (OSD) to the Chief Minister, Government of Sikkim, in contravention to the provisions as contained under the Sikkim Public Services Act, 2006, particularly, section 3 thereof.

It is the specific case of the petitioner that at the time of being engaged as the Officer on Special Duty (OSD) to the Chief Minister, Government of Sikkim, the private respondent was practicing as an Advocate, being registered with the Bar Council of West Bengal. As such, he could not have been engaged as an Officer on Special Duty (OSD) to the Hon’ble Chief Minister, Government of Sikkim, under the provisions of the Sikkim Public Services Act, 2006, while he practiced law and remained registered as an Advocate under the Bar Council of West Bengal.

It was further submitted on behalf of the petitioner that even while holding the post of Officer on Special Duty (OSD), the private respondent was appointed as the Executive Chairman and Director of a public company substantially owned by the Government of Sikkim, namely, Teesta Urja Ltd. This appointment, also, is contrary to the relevant provisions as contained in the Sikkim State Public Services Act, 2006.

At the very outset — it is submitted on behalf of the State of Sikkim that the private respondent no.6 has tendered his resignation as Officer on Special Duty (OSD) to the Chief Minister, Government of Sikkim, yesterday (on 07th June, 2023).

Since the instant Public Interest Litigation centers around the appointment of private respondent as the Officer on Special Duty (OSD) to the Chief Minister, Government of Sikkim, in contravention with the provisions as contained under the Sikkim State Public Services Act, 2006, particularly, section 3 thereof, the Division Bench of Chief Justice Biswanath Somadder and Justice Meenakshi Madan Rai do not find any cogent or justifiable reason to adjudicate on this issue further, in view of the resignation tendered by the private respondent.

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