JAYADEVI PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, which is by way of a public interest litigation, filed by two Public Prosecutors working in the Central Bureau of Investigation (in short, 'CBF), a prayer had been made. to direct the respondents to separate the Public Prosecutors from the Administrative and Disciplinary Control of the Police Officers by constituting a separate Prosecution Branch with its independent head known as 'Director of Prosecution' directly answerable to the Central Government by way of writ, order and/or direction in the nature of Mandamus.

(2.) The first petitioner was appointed as Public Prosecutor with respondent No. 2, i.e., CBI on 29.03.1975. He was appointed to the upgraded post of Public Prosecutor in CBI on 16.02.1984. He was given substantive appointment to the post of Public Prosecutor in CBI. He filed a representation on 08.09.1995 stating that the Public Prosecutors be freed from the Administrative and Disciplinary Control of the Police Officers in the light of the judgment of the Apex Court in S.B.Shahane & Ors. v. State of Maharashtra & Anr., AIR 1995 SC 1628 An original application filed by him before the Central Administrative Tribunal, Principal Bench, New Delhi ( in short, 'the Tribunal' ) marked as O.A. No. 1342 of 1996 had been rejected on the ground that it had no jurisdiction over the said matter. Thereafter, this writ petition has been filed.

(3.) We may, however, notice that the second petitioner filed an application for impleadment, which was registered as C.M. No. 2443 of 1999 and allowed by a learned Single Judge of this Court vide order dated 15.04.1999.