HARDAYAL SINGH YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Kunal Shah, learned counsel for the petitioner and Sri Neeraj Tripathi, learned Additional Advocate General assisted by Sri Shashank Shekhar Singh, learned Additional Chief Standing Counsel on behalf of State.

(2.) The petitioner has preferred the present writ petition with the prayer to quash the orders dated 27.10.2017 passed by the respondent no. 1/Principal Secretary, Nyaya Anubhag-3, (Niyuktia), Government of U.P., Lucknow, order dated 1.11.2017 as well as notification dated 8.12.2017 issued by the respondent no. 2 namely District Magistrate, Ballia, District-Ballia.

(3.) The facts in brief as contained in the writ petition are that the petitioner is practicing lawyer in District Judgeship of District Ballia since 2000 in criminal side. He was appointed on the post of Assistant District Government Counsel (Criminal) by the Government Order dated 25.4.2016 and the consequential order dated 30.4.2016 passed by the respondent no. 2. The aforesaid appointment of the petitioner was made for a period upto 24.4.2017. Before the aforesaid term was going to expire an application was submitted by the petitioner on 20.2.2017 before the respondent no. 2 for renewal of his term for three years. The respondent no. 2 forwarded the same before the respondent no. 1 for the grant of renewal in terms of the relevant rules along-with his letter dated 19.5.2017. The respondent no. 1 vide its order dated 27.10.2017 rejected the renewal application of the petitioner. Pursuant to the same, respondent no. 2 passed consequential order dated 1.11.2017 directing the petitioner to hand over the charge to Additional District Government Counsel (Criminal). Subsequently, another notification was issued by the respondent no. 2 on 8.12.2017 inviting applications from the Advocates for their engagement as Additional District Government Counsel (Criminal). The petitioner has preferred the present writ petition challenging the aforesaid orders.