S H MOHAN KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) BY a notification dated 12-8-2005 issued by the respondent-State, the petitioner herein is relieved of his duties as Government Pleader. Aggrieved by the same, petitioner is before this Court.

(2.) BRIEF facts that are relevant for the disposal of this case and as borne out from the pleadings can be set out as under. Petitioner, a practicing Advocate at Holenarasipura, came to be appointed as a government Pleader on 16-10-2003. The terms of appointment as are clear from Annexure-B, show that the appointment was for a period of three years or until further orders whichever is earlier. The appointment of the petitioner was governed by the provisions of the karnataka Law Officers (Appointment and Conditions of Service) Rules, 1977 (for short, 'the Rules' ).

(3.) SMT. Thayamma, mother of one Sri Suresh submitted a representation on 18-7-2005 addressed to the Chief Minister complaining about the alleged harassment by the petitioner, in that he helped Smt. Manjula, the daughter of his sister to get maintenance in a proceedings instituted before the Judicial Magistrate First Class, holenarasipura. A copy of the said representation dated 18-7-2005 is produced by the petitioner at Annexure-D. Petitioner contends that immediately on the receipt of the said representation, an order is made by the Chief Minister directing removal of the petitioner from the post of government Pleader. He contends that based on the endorsement made by the Chief Minister on the representation submitted by Smt. Thayamma, a note is issued by the Principal Secretary to the Chief minister on 25-7-2005. A perusal of the Note, vide Annexure-E, discloses that a request is made to take action as per the order passed by the chief Minister.