Andhra Pradesh High Court - Amravati
K. Kasi Viswanath, vs The State Of A.P., on 28 January, 2022
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.1917 of 2022
ORDER:-
This Writ Petition for a mandamus is filed to declare the inaction of respondents in taking decision to continue the petitioner as Additional Public Prosecutor of X Additional District and Sessions Judge Court, Gurazala, till the new Additional Public Prosecutor is appointed, as illegal, unjust and arbitrary and contrary to the provisions of Criminal Procedure Code and consequently sought direction to respondents to continue the petitioner as Additional Public Prosecutor of X Additional District and Sessions Judge Court, Gurazala, till the new Additional Public Prosecutor is appointed.
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondents 1 and 2.
The petitioner is an advocate by profession. He was appointed as Additional Public Prosecutor of X Additional District and Sessions Judge Court, Gurazala, by the 2nd respondent - Director of Prosecutions. His term has been completed. Therefore, the 2nd respondent has to take steps for appointment of an Additional Public Prosecutor for the Court of X Additional District and Sessions Judge, Gurazala.
The grievance of the writ petitioner is that no steps are taken for appointment of Additional Public Prosecutor for the said Court till now and no decision has been taken by the 2nd respondent to 2 continue the petitioner as Additional Public Prosecutor of the said Court till the new Additional Public Prosecutor is appointed and there is inaction on the part of the 2nd respondent in this regard and it is also his grievance that in spite of the representation submitted by him to continue him as Additional Public Prosecutor of the said Court till the new Additional Public Prosecutor is appointed that the same is not being considered. He would submit that on the representation made by the other Additional Public Prosecutors, the same are considered and they are being continued till the new Additional Public Prosecutor is appointed and the petitioner, who is similarly placed, is also entitled for similar orders. Therefore, with the aforesaid grievance and the relief, the present Writ Petition is filed.
Since the term of the petitioner as Additional Public Prosecutor for the said Court has been completed, the petitioner has no legal right to seek continuation of his tenure as Additional Public Prosecutor for the said Court. It is the prerogative of the 2nd respondent to appoint an Additional Public Prosecutor for the said Court either by continuing the petitioner or by appointing any new Additional Public Prosecutor. It is also the prerogative of the 2nd respondent either to keep the petitioner as in-charge of the said post or to keep another Additional Public Prosecutor as in-charge of the said post. No legal right is existing in favour of the petitioner to seek for his continuance even as in-charge Additional Public Prosecutor. Therefore, no declaration as sought for by the petitioner can be ordered in this Writ Petition and no direction as sought for by the petitioner can also be given in the Writ Petition in 3 the facts and circumstances of the case. However, as it is stated that the petitioner has submitted a representation with a request to continue him in the said post till the new Additional Public Prosecutor is appointed, this Court is of the considered view that the 2nd respondent has to consider the same and dispose of the same according to law.
Therefore, this Writ Petition is disposed of with a direction to the 2nd respondent to consider the representation if any submitted by the petitioner to continue him as Additional Public Prosecutor for the Court of X Additional District and Sessions Judge, Gurazala, till the new Additional Public Prosecutor is appointed, within two weeks from the date of this order or from the date on which the order is placed before him and pass appropriate orders accordingly on it.
Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.
_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 28.01.2022 Note: Issue CC by 29.01.2022.
B/o AKN 4 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.1917 of 2022 Date: 28-01-2022 AKN