Telangana High Court upholds State decision to remove BRS-appointed government lawyers

The Telangana High Court recently upheld a single-judge's decision to reject a plea that had challenged the Congress government's decision to remove the government lawyers appointed by the previous Bharat Rashtra Samithi (BRS) government in various courts of the District Judiciary between 2021 and 2023 [Nagaram Anjaiah vs The State of Telangana]..The affected law officers - Government Pleaders, Special Government Pleaders, Assistant Government Pleaders and Additional Government Pleaders - had challenged the government order dated June 26 on the ground that they were not given any opportunity of hearing before discontinuation of services.A Division Bench of Justice Abhinand Kumar Shavili and Justice Laxmi Narayana Alishetty said the State is empowered and entitled to terminate the engagement of law officers by issuing one month’s notice and also by paying one month honorarium in lieu of one month’s notice.The Court also said that such appointments are at the pleasure of the government which can be terminated without giving any reason."Moreover, there is no employer-employee relationship between the State and Law Officers as the same is a contractual relationship. Law Officers are appointed without following any selection procedure and their continuation is subject to pleasure and confidence of the Government," it added..The Court further said that it is for the government to choose the counsel of its choice and the relationship between the government and law officers is purely contractual."An advocate cannot insist a client to continue his/her services when the client has lost confidence, trust and expressed his unwillingness to continue his/her services. However, an advocate is entitled to the fee for the services rendered to the client before his/her disengagement," the bench emphasized.The Court said that when the government loses confidence in the law officers, it is entitled to terminate their services."Therefore, learned single judge has rightly observed that Law Officers who are basically engaged to represent the Government and take care of the Government’s interest should enjoy the trust and confidence of the Government and thus, it would be unreasonable to deprive the Government of such freedom and discretion to appoint counsel of its choice," the Division Bench said in conclusion..On August 19, single-judge Justice B Vijaysen Reddy had rejected the plea moved by the law officers.Justice Reddy had said that that State cannot be expected to give an opportunity of hearing before removing the law officers“In case of an Advocate holding a private brief, the client need not give any reason for withdrawing the vakalat. Thus, it would be unreasonable to deprive the government of such freedom and discretion to appoint counsel of its choice," the single-judge had held..[Read Judgment]