PRADEEP KUMAR BHATNAGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SHOULD the expression `without assigning any reason' be equated with `without existence of any reason'? This meaningful question falls for consideration in the instant writ petition.

(2.) RULE 16 (1) of the Rajasthan Law and Judicial Department Manual 1952 (for short 1952 Manual) provides that `government may, at any time and without assigning any reason, dispense with the service of a Public Prosecutor after giving him one month's notice. " Under this provision second respondent vide order dated January 4, 1999 intimated the petitioner that his services as Additional Public Prosecutor were no longer required and the same be treated as terminated on the expiry of one month from the date of the order. Against this order that the present action of filing the writ petition has been resorted to by the petitioner.

(3.) A close look at the provisions of 1952 Manual goes to show that its main purpose is to consolidate in one place the instructions for the control of Government litigation, issued from time to time in the form of circulars or general orders or rules. Rule 12 provides that for the purpose of making the appointment of Public Prosecutor recommendation from the District Magistrate may be called for by the Government. The District Magistrate after consulting the District and Sessions Judge demi-officially submit the opinion of the Judge alongwith his own submit the list of the advocates to the Government. The Public Prosecutor shall be initially appointed on probation for a period of six months under Rule 14 and after receiving the satisfactory report from the District Magistrate he shall be confirmed. If the work of Public Prosecutor is found unsatisfactory he may be removed without notice or his period of probation may be extended. As per Rule 15 the Public Prosecutor shall be appointed for a period of three years inclusive of period of probation. He may be reappointed for further period not exceeding three years at a time and Government at any time without assigning any reason may dispense with his services under Rule 16 (1 ). It appears that Rule 12 was drafted in view of sub-section (3) of Section 24 of the Code of Criminal Procedure, 1973 which says that the District Magistrate shall prepare panel of names of persons fit to be appointed as P. P. or APP with the Sessions Judge. According to Section 24 (4) no person shall be appointed as PP or APP unless his name appears on the panel of names prepared by the District Magistrate.