RAMESH KANTILAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Ramesh Kantilal Shah has filed the present petition to challenge the notification issued by the respondent on 31st January, 1996 by which petitioner's appointment as a Public Prosecutor, Ahmedabad City has been cancelled.

(2.) The petitioner was enrolled as an Advocate of the Bar Council of Gujarat at 25th March, 1964 and since then he was practising as an Advocate. He was appointed by the State Government as 3rd Assistant Public Prosecutor, Ahmedabad City on 27th August, 1970 and since then he was continued in that capacity of Additional Public Prosecutor till 14th February, 1986. On 15th February, 1986, he was appointed as a Public Prosecutor for Ahmedabad City and since then his appointment was renewed from time to time and the last order of this appointment was passed on 15th April, 1994 for a period of three years. He had carried out meritorious work and he represented the State Government in many important prosecutions and his work has been also appreciated by the various Courts. He was also appointed as a Special Prosecutor in many more cases in the State not only by the State Government but also by the Central Government. But according to him, the politicians who were in the office of the State Government were trying to pressuries him and they insisted him to act in the manner in which they desired. But he was not yielding to their desire and was acting as a fair Public Prosecutor and that had dissatisfied the Government. Therefore, without holding any inquiry or giving any opportunity of being heard, all of a sudden on 31st January, 1996, his appointment as a Public Prosecutor was cancelled by issuing the following notification.

(3.) It is the claim of the petitioner that the above notification is putting a stigma on him. It is causing harm to his reputation and as no due inquiry was held against him as well as no oppportunity of being heard was accorded to him. He has been removed from holding a public office and, therefore, he seeks issuance of writ of mandamus declaring the impugned notification as null and void and to declare that the petitioner continues to hold the office and to function as a Public Prosecutor of the City of Ahmedabad as if the impugned notification is non est.