- (1.) The Rajasthan State Public Service Commission and the State of Rajasthan have challenged the judgment dated 10/05/2018 passed by a learned Single Judge of this Court disposing of writ petitions filed by practicing advocates who sought a direction that the reserve list for appointment to posts of Assistant Prosecution Officer pursuant to advertisement dated 15/05/2015 be given effect to and all notified vacancies should be filled up.
(2.) It was not disputed during arguments in the appeals that 294 posts of Assistant Prosecution Officer with break up of the posts as indicated in the advertisement was intended to be filled up because 294 vacancies were determined.
(3.) Way back in the year 2004 a Division Bench of this Court took note of large pendency of criminal cases before the trial courts and one of the principal reason which emerged was the lack of adequate infrastructure for Assistant Prosecution Officer as also not filling up the sanctioned post. DBCWP No.4998/2004 lingered on for 11 years when on March 27, 2015 following directions were issued:- "We are pained to observe that despite our requests, the State Government has not responded to fill-up the vacancies of Assistant Public prosecutors and to provide infrastructure to the Prosecution Department. The large pendency of criminal cases in the District Courts is on the failure of the State Government to Strengthen the Prosecution Department. The Assistant Public Prosecutors appointed by the State Government are not expected to sit under the trees on a table and chair outside the Court rooms and attend to more than one and some times more than two courts. This not only undermines their position as Assistant Public Prosecutor, but also his rotation in the eyes of the general public. The Assistant Public Prosecutor holds an important office, which cannot be ignored, for the purpose of administration of criminal justice. In the circumstances, we issue the following directions for strict compliance. (1)The State Government will immediately make recommendations for recruitment for all the vacancies on the post of Assistant Public Prosecutors, to the RPSC within one month. The advertisement will be issued and selections will be completed within six months. (11 of 22) [CW- 10730/2017] (2) The State Government will sanction the posts of staff for Assistant Public Prosecutors, to include at least one clerk, one stenographer and a peon within three months. (3) The State Government will prepare a model plan, if it has not been prepared earlier, for the Districts in suitable categories for providing infrastructure, which will include an office room, waiting room, wash room, witness room, a room for the staff, furniture, office equipment including computer, printer, stenographer. In major cities atleast two witness rooms with adequate facilities of sitting and water cooler and wash room will be provided. The State Government will sanction the budget immediately without any delay, after the preparation of plan, for which two months' time is given to the State of Rajasthan. (4) The State Government will file an affidavit giving reasons as to why the amount of Rs.3.90 crores for training of Public Prosecutors in the 13th Finance Commission Grants could not be spend. The affidavit of compliance giving the targeted dates will be filed on or before 16.4.2015. List again on 16.4.2015." ;