Gujarat High Court
Hansaben Khemchand Jain vs State Of Gujarat on 20 June, 2025
NEUTRAL CITATION
C/SCA/6185/2014 ORDER DATED: 20/06/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6185 of 2014
==========================================================
HANSABEN KHEMCHAND JAIN
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR CHINMAY M GANDHI(3979) for the Petitioner(s) No. 1
MR. HENIL SHAH, AGP for the Respondent(s) No. 1 - State
RULE SERVED for the Respondent(s) No. 1,2,3
==========================================================
CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 20/06/2025
ORAL ORDER
1. The present petition is filed for seeking the following reliefs:
"a) This Hon'ble Court may be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus holding and declaring that the order of termination dated 31.03.2014 passed by the respondent No.3 (Annexure-D) is illegal and void and the same be quashed and set-aside and further pleased to hold and direct the government that the petitioner is continued on the post of Additional Public Prosecutor.
b) By an appropriate writ, order or direction, the respondent No.3 be directed to send all the bills of the petitioner to the treasury department and the Hon'ble Court Page 1 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Jun 25 2025 Downloaded on : Wed Jun 25 21:37:54 IST 2025 NEUTRAL CITATION C/SCA/6185/2014 ORDER DATED: 20/06/2025 undefined be further pleased to direct the respondent No.2 herein to sanction all the bills and make the payment together with interest at 18% per annum.
c) Pending admission, hearing and/or final disposal of this petition, this Hon'ble Court may/be pleased to stay the execution, operation and implementation of order dated 31.03.2014 (Annexure-D).
d) Pending admission, hearing and/or final disposal of this petition, this Hon'ble Court may be pleased to direct the respondent No.2 to sanction the bills (Annexure-J) and the respondent No.3 be also directed to forward all the bills forthwith to the respondent No.2, if he has not done so.
e) Such other and further orders as this Hon'ble Court may deem just, fit and expedient be passed in favour of the petitioner.
f) Costs of this petition be provided for to the petitioner."
2. Brief facts of the case as per the case of the petitioner in this petition are as under:
2.1 The petitioner who was appointed in the year 2007 as Additional Public Prosecutor and conducted more than 200 cases. However, without any reason, the appointment of the petitioner is illegally terminated by letter dated Page 2 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Jun 25 2025 Downloaded on : Wed Jun 25 21:37:54 IST 2025 NEUTRAL CITATION C/SCA/6185/2014 ORDER DATED: 20/06/2025 undefined 31.03.2014 issued under the signature of the Public Prosecutor - respondent No.3 herein, who is not the appointing authority. Apart from that, the petitioner who has conducted large number of cases and the details which are sent for payment of bills, are returned by the treasury office on the ground that there is no renewal order and in spite of cases being conducted, the payments are not made, which are outstanding for more than Rs.2 lacks. Hence the present petition has been preferred.
3. Heard Mr. Chinmay Gandhi, learned advocate for the petitioner and Mr. Henil Shah, learned Assistant Government Pleader for the respondent - State.
4. Mr. Chinmay Gandhi, learned advocate for the petitioner has submitted that the present petitioner was appointed as Additional Public Prosecutor in Fast Track Court at City & Sessions Court, Ahmedabad under Section 24(3) of the Criminal Procedure Code, 1973 by order dated 10.10.2007. The said order issued by the Under Secretary, Legal Department. He has further submitted that thereafter, the service of the petitioner as Additional Public Prosecutor was extended for one year Page 3 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Jun 25 2025 Downloaded on : Wed Jun 25 21:37:54 IST 2025 NEUTRAL CITATION C/SCA/6185/2014 ORDER DATED: 20/06/2025 undefined by Notification dated 03.08.2009. He has further submitted that thereafter, the present petitioner has served uninterruptedly as an Additional Public Prosecutor and even after the month of October 2010, she has rendered her services till the year 2014 and on 31.03.2014, learned Public Prosecutor has withdrawn the work of the petitioner by referring that no official order for extension of appointment of present petitioner as Additional Public Prosecutor was received by the Public Prosecutor and, therefore, all her works have been withdrawn. He has further submitted that being aggrieved with that order passed by Public Prosecutor on 31.03.2014, the present petition is filed by the present petitioner, as respondent No.3 - learned Public Prosecutor has no authority to terminate appointment of the present petitioner neither he has any authority to withdraw her work. He has further submitted that the action of the respondent No.3- Public Prosecutor is bad in the eyes of law as even on 22.03.2013, 13 new persons were appointed as new Additional Public Prosecutors by different orders and the Government has also removed certain persons from Additional Public Prosecutor but the name of the petitioner was not included in the list of Page 4 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Jun 25 2025 Downloaded on : Wed Jun 25 21:37:54 IST 2025 NEUTRAL CITATION C/SCA/6185/2014 ORDER DATED: 20/06/2025 undefined the removal of such Additional Public Prosecutors and, therefore, in view of that also, the Government has never terminated the services of the petitioner and more particularly by letter dated 22.03.2013. Therefore, it is beyond the powers of the Public Prosecutor at least to terminate the services of the petitioner and, therefore, the impugned order is bad in the eyes of law. In support of his submissions, he has relied on the judgment of the Hon'ble Apex Court in the cases of (i) State of Maharashtra vs. Jagannath Achyut Karandikar reported in AIR 1989 SC 1133 and (ii) Ashok Kumar Uppal and Others vs. State of J & K and Others reported in AIR 1998 SC 2812, more particularly, paragraphs 22 to 32 are relevant, and has submitted that in view of this, the present petition is required to be allowed as substantial payment is required to be paid to the present petitioner for the services rendered after the year 2013 till the year 2014.
5. Per contra, Mr. Henil Shah, learned Assistant Government Pleader for the respondent - State has strongly opposed the submissions made at the bar by the learned advocate for the petitioner and has submitted Page 5 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Jun 25 2025 Downloaded on : Wed Jun 25 21:37:54 IST 2025 NEUTRAL CITATION C/SCA/6185/2014 ORDER DATED: 20/06/2025 undefined that the present petition itself is misconceived as the services of the petitioner as Additional Public Prosecutor is extended lastly in the year 2009 for the period of one year. He has also submitted that it is also relevant to note that pursuant to the advertisement which is published in the newspaper for the post of Additional Public Prosecutor in City & Sessions Court, Ahmedabad, which is governed by Section 24 of the Criminal Procedure Code as well as Rule 5(2)(a)(b)(c) of the Gujarat Law Officers (Appointment and Condition of Service and Conduct of Legal Affairs of the Government) Rules, 2009 (hereinafter referred to as "the Rules, 2009). He has further submitted that after the year 2009, no extension has been given by the Government and since in the year 2013, services of many of the Additional Public Prosecutors have been ended by the Government by order dated 22.03.2013 and, therefore, merely because formal order is not passed by the Government to terminate services of the petitioner does not give any right to the present petitioner to claim that his appointment should be considered as continuous service till 2014. It is also argued that the Public Prosecutor is the head of the particular Court, whose one of the Page 6 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Jun 25 2025 Downloaded on : Wed Jun 25 21:37:54 IST 2025 NEUTRAL CITATION C/SCA/6185/2014 ORDER DATED: 20/06/2025 undefined duties is to assign work to various Additional Public Prosecutors as well as to implement any orders or policy of the State Government for such Additional Public Prosecutors. He has, by referring to the contentions raised in affidavit-in-reply, submitted that Office of the Legal Department issued one letter on 31.08.2010 to the concerned Sessions Judge for the formation of new panel of Advocates for the Government and also called for the applications from the interested Advocates to become Additional Public Prosecutors. Accordingly, the list of Panel Advocates was prepared by the concerned Sessions Judge in consultation with the District Judge and new list of Panel Advocates was prepared and they were appointed by order dated 31.08.2010. Thereafter, the Legal Department has issued letter to present respondent No.3 - Mr Sudhir Brahmbhatt, Public Prosecutor of City Civil And Sessions Court intimating him to take steps against concerned AGPs/APPs as per Rule 6(4) of the Rules, 2009. He has further submitted that as per said Rule, the petitioner is not entitled to appear on behalf of the Government nor is entitled for any remuneration in respect of any work done by her after expiry of such term. He is further submitted that as far as the Page 7 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Jun 25 2025 Downloaded on : Wed Jun 25 21:37:54 IST 2025 NEUTRAL CITATION C/SCA/6185/2014 ORDER DATED: 20/06/2025 undefined Government Circular dated 11.12.2003 is concerned, the same was issued when the old Law Officers Rules, 1965 were in force and by way of new Law Officers Rules, 2009, the old Law Officers Rules, 1965 are repealed and replaced and, therefore, he had submitted that the present petitioner has no case.
6. In rejoinder, Mr. Chinmay Gandhi, learned advocate for the petitioner has, by pointing out the additional affidavit, submitted that the petitioner has conducted the matter from 01.04.2013 to March, 2014 on behalf of the State Government and, therefore, the say of the respondent is misconceived and action taken by the respondent No.3 is in arbitrary manner and without authority of law and hence, the order dated 31.03.2014 passed by the respondent No.3 is required to be quashed and set aside.
7.1 I have considered the rival submissions made at the bar by the respective parties. It is relevant to refer the provisions of Section 24 of the Criminal Procedure Code, 1973, which reads as under:
"Section 24 in The Code of Criminal Procedure, 1973:-Page 8 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Jun 25 2025 Downloaded on : Wed Jun 25 21:37:54 IST 2025
NEUTRAL CITATION C/SCA/6185/2014 ORDER DATED: 20/06/2025 undefined
24. Public Prosecutors. [Substituted by Act 45 of 1978, Section 8, for Section 24, w.e.f. 18.12.1978.] (1) For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or State Government, as the case may be.
(
2) The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case or class of cases in any district or local area.
(3) For every district, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district :
Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another district.
(4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion, fit to be appointed as Public Prosecutors or Additional Public Prosecutors for the district.
(5) No person shall be appointed by the State Government Page 9 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Jun 25 2025 Downloaded on : Wed Jun 25 21:37:54 IST 2025 NEUTRAL CITATION C/SCA/6185/2014 ORDER DATED: 20/06/2025 undefined as the Public Prosecutor or Additional Public Prosecutor for the district unless his name appears in the panel of names prepared by the District Magistrate under sub-section (4).
(6) Notwithstanding anything contained in sub-section (5), where in a State there exists a regular Cadre of Prosecuting Officers, the State Government shall appoint a Public Prosecutor or an Additional Public Prosecutor only from among the persons constituting such Cadre :
Provided that where, in the opinion of the State Government, no suitable person is available in such Cadre for such appointment that Government may appoint a person as Public Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under sub-section (4). [Explanation. - For the purpose of this sub-section, -
(a) "regular Cadre of Prosecuting Officers" means a Cadre of Prosecuting Officers which includes therein the post of a Public Prosecutor, by whatever name called, and which provides for promotion of Assistant Public Prosecutors, by whatever name called, to that post;
(b) "Prosecuting Officer" means a person by whatever name called, appointment to perform the functions of a Public Prosecutor, an Additional Public Prosecutor or an Assistant Public Prosecutor under this Code.] (7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor under sub-Page 10 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Jun 25 2025 Downloaded on : Wed Jun 25 21:37:54 IST 2025
NEUTRAL CITATION C/SCA/6185/2014 ORDER DATED: 20/06/2025 undefined section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he has been in practice as an advocate for not less than seven years.
(8) The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor. [Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-Section.] [Inserted by the Code of Criminal Procedure (Amendment) Act, 2008, Section 3.] (9) For the purposes of sub-section (7) and sub-section (8), the period during which a person has been in practice as a pleader, or has rendered (whether before or after the commencement of this Code) service as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever name called, shall be deemed to be the period during which such person has been in practice as an advocate.] BIHAR.- Sub-section (6) of Section 24 shall be substituted by following and deemed always to have been substituted -
"(6) Notwithstanding anything contained in sub-section (5) where in a State there exists a regular cadre of Prosecuting Officers, the State Government may also appoint a Public Prosecutor or an Additional Public Prosecutor from among the persons constituting such cadre." [Bihar Act No. 16 of 1984, Section 2 w.e.f. 21-8-1984].
HARYANA.- Following Explanation shall be added to sub- Page 11 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Jun 25 2025 Downloaded on : Wed Jun 25 21:37:54 IST 2025
NEUTRAL CITATION C/SCA/6185/2014 ORDER DATED: 20/06/2025 undefined sec. (6) of Section 24 of the Code-
"Explanation.- For the purpose of sub-section (6), the persons constituting the Haryana State Prosecution Legal Service (Group A) or Haryana State Prosecution Legal Service (Group B), shall be deemed to be a regular cadre of prosecuting officers." [Haryana Act No. 14 of 1985, Section 2, w.e.f. 29.11.1985].
KARNATAKA.- In sub-section (1) of section 24 :-
(i) words and punctuation mark "or State Government shall"
be omitted.
(ii) for the words "appoint a Public Prosecutor," substitute the words "or the State Government shall appoint a Public Prosecutor." [Karnataka Act No. 20 of 1982, Section 2, w.e.f. 3-9-1981].
MADHYA PRADESH.- In its application to the State of Madhya Pradesh in Section 24 of the principal Act, -
(i) in sub-section (6), for the words, brackets and figure "Notwithstanding anything contained in sub-section (5)", the words, brackets, letter and figures "Notwithstanding anything contained in sub-section (5), but subject to the provisions of sub-section (6-A)" shall be substituted and shall be deemed to have been substituted with effect from 18th December, 1978;
(ii) after sub-section (6), the following sub-section shall be inserted and shall be deemed to have been inserted with effect from 18th December, 1978, namely, -
"(6-A) Notwithstanding anything contained in sub-section (6), the State Government may appoint a person who has been Page 12 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Jun 25 2025 Downloaded on : Wed Jun 25 21:37:54 IST 2025 NEUTRAL CITATION C/SCA/6185/2014 ORDER DATED: 20/06/2025 undefined in practice as an Advocate for not less than seven years as the Public Prosecutor or Additional Public Prosecutor for the district and it shall not be necessary to appoint the Public Prosecutor or Additional Public Prosecutor for the district from among the persons constituting the Cadre of Prosecuting Officers in the State of Madhya Pradesh and the provisions of sub-sections (4) and (5) shall apply to the appointment of a Public Prosecutor or Additional Public Prosecutor under this sub-section;
(iii) in sub-section (7), after the words, brackets and figure "or sub-section (6)", the words, brackets, figures and letter "or sub-section 6-A" shall be inserted and shall be deemed to have been inserted with effect from 18th December, 1978; and
(iv) in sub-section (9), for the words, brackets and figure "or sub-section (7)", the words, brackets, figures and letter "sub-
sections (6-A) and (7)" shall be substituted and shall be deemed to have been substituted with effect from 18th December, 1978. [Vide M.P. Act 21 of 1995, Section 3, w.e.f. 24.1995].
MAHARASHTRA.- In Section 24, -
(a) in sub-section (1), the words "after consultation with the High Court", shall be deleted;
(b) after sub-section (4), for the words "in consultation with the Sessions Judge," the words "with the approval of the State Government," shall be substituted. [Maharashtra Act No. 34 of 1981, Section 2. w.e.f. 25-5-1981]. RAJASTHAN.- Sub-section (6) of section 24 shall be deemed Page 13 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Jun 25 2025 Downloaded on : Wed Jun 25 21:37:54 IST 2025 NEUTRAL CITATION C/SCA/6185/2014 ORDER DATED: 20/06/2025 undefined always to have been substituted by the following -
"(6) Notwithstanding anything contained in sub-section (5), where in a State there exists a regular cadre of Prosecuting Officers, the State Government may also appoint a Public Prosecutor or an Additional Public Prosecutor from among the persons constituting such cadre." [Rajasthan Act No. 1 of 1981 Section 2, w.e.f. 10-2-1980].
TAMIL NADU.- (a) in sub-section (6) of section 24 after the expression "sub-section (5)", the following shall be inserted, "but subject to the provisions of sub-section (6-A)";
(b) after sub-section (6), the following sub-section (6-A) shall be inserted, namely, -
"(6-A) Notwithstanding anything contained in sub-section (6), the State Government may appoint a person who has been in practice as an advocate for not less than seven years, as the Public Prosecutor or Additional Public Prosecutor for the district and it shall not be necessary to appoint the Public Prosecutor or Additional Public Prosecutor for the district from among the persons constituting the cadre of Prosecuting Officers in the State of Tamil Nadu and the provisions of sub-sections (4) and (5) shall apply to the appointment of a Public Prosecutor or Additional Public Prosecutor under this sub-section"; and
(c) in sub-section (7), after the expression "sub-section (6)", the expression "or sub-section (6 A)" shall be inserted.
[Tamil Nadu Act No. 42 of 1980, Section 2, w.e.f. 1-12- 1980].
UTTAR PRADESH.- In Section 24 :
Page 14 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Jun 25 2025 Downloaded on : Wed Jun 25 21:37:54 IST 2025
NEUTRAL CITATION C/SCA/6185/2014 ORDER DATED: 20/06/2025 undefined
(a) in sub-section (1), after the words "Public Prosecutor"
the words "and one or more Additional Public Prosecutors"
shall be inserted and be deemed always to have been inserted;
(b) after, sub-section (6), the following sub-section shall be inserted and shall be deemed always to have been inserted, namely :
"(7) For the purposes of sub-sections (5) and (6), the period during which a person has been in practice as a pleader, or has rendered service as a Public Prosecutor, Additional Public Prosecutor or Assistant Public Prosecutor shall be deemed to be the period during which such person has been in practice as an advocate." [U. P. Act 33 of 1978, Section 2 w.e.f. 9-10-1978].
In Section 24 :
(a) in sub-section (1) the words "after consultation with the High Court," shall be omitted;
(b) sub-sections (4), (5) and (6) shall be omitted.
(c) in sub-section (7), the words "or sub-section (6)" shall be omitted. [U.P. Act No. 18 of 1991, Section 2, w.e.f. 16-2-
1991].
WEST BENGAL.- In sub-section (6) of Section 24 :
(1) For the words "shall appoint a Public Prosecutor or an Additional Public Prosecutor only", the words "may also appoint a Public Prosecutor or an Additional Public Prosecutor" shall be substituted. [W.B. Act No. 26 of 1990, Section 3].
(2) In sub-section (6), the proviso shall be omitted"Page 15 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Jun 25 2025 Downloaded on : Wed Jun 25 21:37:54 IST 2025
NEUTRAL CITATION C/SCA/6185/2014 ORDER DATED: 20/06/2025 undefined 7.2 It is also relevant to refer Rule 5(2)(a), (b) and (c) of the Gujarat Law Officers (Appointment and Condition of Service and Conduct of Legal Affairs of the Government) Rules, 2009, which reads as under:
"5(2) No person shall be qualified for appointment as Additional Government Pleader or Additional Public Prosecutor in the High Court or District Courts unless-
(a) he has at least seven years standing as an advocate of the High Court or District Court of Gujarat;
(b) he is not more than 55 years of age; and
(c) he is an income tax assessee for a period of at least three years prior to his appointment.
7.3 It is also relevant to refer Rule 6 more particularly Rule 6(4) of the Gujarat Law Officers (Appointment and Condition of Service and Conduct of Legal Affairs of the Government) Rules, 2009, which reads as under:
"9(1) Subject to the other provisions contained in these rules and to any general or special orders issued by the Government in this behalf, a Law Officer shall hold office for a term of three years and shall be eligible for re- appointment after the expiry of such term and for such Page 16 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Jun 25 2025 Downloaded on : Wed Jun 25 21:37:54 IST 2025 NEUTRAL CITATION C/SCA/6185/2014 ORDER DATED: 20/06/2025 undefined period as may be decided by the Government from time to time.
6(2) Notwithstanding anything contained in sub-rule (1) but subject to sub-rule (4) of rule 13, a Law Officer shall be liable to be removed from his office at any time if he is guilty of any act or conduct which, in the opinion of the Government, is incompatible with his duty as a Law Officer or where the performance of such law officer is not found satisfactory. The decision of the Government in such cases shall be final.
6(3) Save as otherwise provided in sub-rule (2) and subject to the provisions of sub-rule (1), the appointment of Law Officers shall not be terminated except by three months notice. A Law Officer may resign by giving three months notice to the Government of his intention to do so.
6(4) Save as otherwise directed by the Government, no Law Officer whose term of office has expired shall after the expiry thereof be entitled to appear on behalf of the Government in civil or criminal proceedings which may then be pending, nor shall he be entitled to any remuneration in respect of any work done by him after such expiry in any such proceedings."
7.4 It transpires that the petitioner was appointed by Legal Department initially for a period of two years as Assistant Public Prosecutor by order dated 10.10.2007 Page 17 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Jun 25 2025 Downloaded on : Wed Jun 25 21:37:54 IST 2025 NEUTRAL CITATION C/SCA/6185/2014 ORDER DATED: 20/06/2025 undefined and thereafter, it transpires that by way of extension of that order vide Notification dated 03.08.2009, the services of the petitioner was extended for a period of one year and, therefore, the Government has extended the services of the petitioner as Additional Public Prosecutor. It transpires that thereafter, there was no order for extension of services of the petitioner passed by the State Government. It also transpires that in the year 2010, the State Government has initiated procedure for appointment of new Panel Advocate of the Additional Public Prosecutor for City Civil and Sessions Court and accordingly, the concerned Sessions Judge in consultation with the District Judge has prepared the new Panel Advocates for the State Government and, therefore, the communication dated 31.08.2010 indicates about such Panel. It also transpires that the term of the present petitioner has expired on 10.10.2010 and thereafter, no order of extension of services of the petitioner was issued and, therefore, as per Rule 6(4) of the Rules, 2009, the petitioner is not entitled to appear on behalf of the Government and when such fact is brought to the notice of the learned Public Prosecutor by the Legal Department, respondent No.3 - learned Public Prosecutor Page 18 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Jun 25 2025 Downloaded on : Wed Jun 25 21:37:54 IST 2025 NEUTRAL CITATION C/SCA/6185/2014 ORDER DATED: 20/06/2025 undefined has withdrawn the work done by way of impugned communication. Learned Public Prosecutor has discharged his duty as Legal Department has specifically pointed out the Public Prosecutor that such person should not work as Additional Public Prosecutor whose services are not extended by the Legal Department.
7.5 Furthermore, there is no dispute in the ratio of the judgments cited at the bar by learned advocate for the petitioner, but those judgments are not helpful to the petitioner as the facts of those judgments are different than the facts of the present case as appointment of petitioner as Additional Public Prosecutor was not extended after the year 2010, by any order. 7.6 In view of above all, and considering the provisions of Section 24 of the Criminal Procedure Code as well as Rule 5(2)(a)(b)(c) and 6(4) of the Rules, 2009, I am of the opinion that there is no merit in the case of the present petitioner as the service of the petitioner was not extended after October, 2010 and even the petitioner has worked as an Additional Public Prosecutor for the certain period, thereafter that work should be considered as without any legal authority as there is no extension Page 19 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Jun 25 2025 Downloaded on : Wed Jun 25 21:37:54 IST 2025 NEUTRAL CITATION C/SCA/6185/2014 ORDER DATED: 20/06/2025 undefined of services of the petitioner by any authorized person. In absence of such material available on the record, which can point out that the service of the petitioner was extended for further period by orders by the Competent Authority in the State Government, it cannot be said that services of the petitioner was continued as Additional Public Prosecutor after October, 2010 and when there is no valid order existing for extension of services of the present petitioner as Additional Public Prosecutor, the work rendered by her as Additional Public Prosecutor is to be considered as without any valid authority and also in violation of statutory provisions and, therefore, there is no substance in the present petition and the present petition is found merit- less and is required to be dismissed.
8. Accordingly, the present petition is dismissed with no order as to costs.
(SANDEEP N. BHATT,J) DIWAKAR SHUKLA Page 20 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Jun 25 2025 Downloaded on : Wed Jun 25 21:37:54 IST 2025