VIJAY SHANKAR MISHRA Vs. STATE OF UTTAR PRADESH
LAWS(ALL)-1998-2-76
HIGH COURT OF ALLAHABAD
Decided on February 17,1998

VIJAY SHANKAR MISHRA Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

S.H.A. RAZA, J. - (1.) The fate of this writ petition hinges on the upright on the following questions :1. Whether the duties of the public prosecutor/Government Advocate are statutory in nature? If so, its effect?
(2.) Whether the public prosecutor/Government Advocate is a public servant holding a civil post and cannot be removed without affording him a reasonable opportunity as contemplated under the provisions contained in Article 311 of the Constitution or the principles of natural justice?
(3.) Whether before appointing a public prosecutor/Government Advocate, consultation with the High Court is necessary, in view of the undertaking given by the Advocate General and the practices or conventions?;


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