The Allahabad High Court has directed the Vice-Chairman of the Kanpur Development Authority (KDA) to remove one of its panel advocates after the counsel failed to appear in a revenue-related case and improperly delegated the matter to a junior colleague. The case was heard by Justice Rohit Ranjan Agarwal, who expressed strong displeasure over the absence of the appointed panel counsel, despite the fact that the counsel had accepted notice on behalf of the KDA respondents.
When the matter was taken up for hearing, the court noted that the panel advocate was absent and instead, a junior lawyer appeared. Justice Agarwal highlighted that the brief had not been transferred officially and that the panel advocate was duty-bound to appear in person or at least be present to instruct his junior. The court emphasized that it is not acceptable for such an important matter, especially involving a semi-government body like the KDA, to be handled in this negligent manner.
The judge remarked that if the panel advocate was so overburdened that he could not manage his court appearances, he should not have accepted the responsibility of representing the KDA in the first place. Holding that the conduct of the advocate was inappropriate and unjustified, the High Court ordered the Vice-Chairman of the KDA to immediately remove him from the panel of advocates representing the authority.
The court further directed that a responsible and diligent counsel be appointed in his place to ensure proper representation of the KDA in all court matters. Additionally, the court issued fresh notice to the KDA respondents through both registered and ordinary post, to ensure their presence in the next stage of proceedings.
To ensure compliance and accountability, the High Court directed that a copy of its order be forwarded by the registry to the Principal Secretary (Law) and the Legal Remembrancer of the Government of Uttar Pradesh within 48 hours. The decision serves as a clear reminder of the judiciary’s expectation that counsel appointed to represent government agencies must perform their duties responsibly and maintain decorum in judicial proceedings. The court underscored that failure to appear or properly manage assigned briefs not only hampers the administration of justice but also undermines public trust in legal representation for public authorities.
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