Patna High Court - Orders
The Bihar Prosecution Officers vs The State Of Bihar & Ors on 8 December, 2010
Author: Shiva Kirti Singh
Bench: Shiva Kirti Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1209 of 2009
1. THE BIHAR PROSECUTION OFFICERS ASSOCIATION
THROUGH ITS GENERAL SECRETARY, HIMANSHU RANJAN
PRESENTLY POSTED AS APO, CIVIL COURT HILSA,
DISTRICT- NALANDA
2. HIMANSHU RANJAN, S/O LATE RAJ KISHORE PD. SINHA,
RESIDENCE OF VILLAGE BINDAULI, P.S. GAURICHAK,
DISTRICT- PATNA, GENERAL SECRETARY OF BIHAR
PROSECUTION OFFICERS ASSOCIATION, PRESENTLY POSTED
AT CIVIL COURT HILSA, DISTRICT- NALANDA...PETITIONERS
Versus
1. THE STATE OF BIHAR THJROUGH THE CHIEF SECRETARY,
GOVT. OF BIHAR, PATNA.
2. THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA
3. THE PRINCIPAL SECRETARY, HOME DEPARTMENT, GOVT.
OF BIHAR, PATNA.
4. THE PRINCIPAL SECRETARY, LAW DEPARTMENT, GOVT.
OF BIHAR, PATNA.
5. THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT,
GOVT. OF BIHAR, PATNA.
6. THE DIRECTOR GENERAL OF PROSECUTION, GOVT. OF
BIHAR, PATNA.......................................... RESPONDENTS
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FOR THE PETITIONERS :- MR. MADAN PD. SINGH-2
FOR THE STATE : MR. RAM BALAK MAHTO,ADVOCATE GENERAL
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11 8-12-2010Heard the parties.
This writ petition has been filed by an association and some other persons for seeking necessary orders/directions from this Court so that the State of Bihar may create the required number of new posts of Assistant Prosecution Officer (APOs) in the State of Bihar. There is a further submission that by annexure-1/A, a Division Bench of this Court has already issued certain directions to the State Government regarding facilities like dress allowance and 2 library for the Additional Public Prosecutors which posts have now been redesignated as APOs, so directions may be issued to the State of Bihar to make those facilities available to APOs.
The State Government has ultimately taken a decision, a copy whereof has been annexed as annexure-I through a supplementary affidavit filed today. That annexure contains a letter sent by the Joint Secretary of Home (Police), Department, Government of Bihar dated 9th April, 2010 addressed to the Accountant General, Patna disclosing that for helping the working of Judicial Magistrates altogether 240 posts of APOs have been created with a stipulation that starting from 2010, for three years in succession, 80 posts every year shall be created, thus making a total of 240 posts.
In view of such positive decision and in view of already existing directions of this Court contained in annexure-1/A, nothing substantial remains to be done in this public interest litigation. It is, accordingly, disposed of with an observation that State shall take prompt action to amend its previous rules, if any, to show increase in the cadre of APO's and to fill up the newly created posts within one year of 3 creation. The State shall also ensure that the facilities to be given to the APO's under annexure-1/A are made available to them without any delay. The aforesaid time frame is only for filling up the new posts that have been created by the State Government and it goes without saying that the Bihar Public Service Commission shall co-operate in the matter so that appointments are made within the time frame indicated by the Court. The Commission should also expedite the recruitment in respect of already existing vacancies which have been communicated to the Commission earlier.
The writ petition is disposed of accordingly.
( Shiva Kirti Singh, J.) ( Dr. Ravi Ranjan,J) Naresh