JOHRI MAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned standing counsel. The petitioner has prayed for quashing of the impugned order dated 18.9.98 (Annexure-8 the writ petition ) and for the renewal of his term as DGC(Criminal) in district Meerut. In this case on 26.10.98 learned standing counsel was granted one month's time to file a counter affidavit, but no counter affidavit has been filed so far . Hence we are treating the allegation in this petition to be correct.

(2.) The petitioner has stated that he was selected and placed in the panel of Panel Lawyer (Criminal) on 6.12.78 and remained in the panel for 5 years and thereafter by order dated 7.1.83 the respondent no.1 the State of U.P. appointed the petitioner as Additional DGC (Criminal) for one year. A true copy of the order dated 7.1.83 has been annexed as Annexure-1 to the petition. The petitioner's term was regularly renewed from time . Subsequently on superannuation of one Kripal Singh DGC (Criminal ) Meerut on 1.7.1995 by order of respondent no.2 dated 30.6.95 the petitioner was handed over the charge of DGC (Criminal) through letter dated 3.7.95 and the petitioner started functioning as DGC( Criminal) a true copy of the order dated 3.7.95 has been annexed as Annexure-2 to the petition. Thereafter the post of DGC (Criminal) Meerut was duly notified and advertised and the applications were invited A true copy of the notification dated 8.7.96 has been annexed as Annexure-3 to the petition After following the procedure prescribed in the L.R. manual and after obtaining the no.1 selected and appointed the petitioner as DGC (Criminal) vide order dated 17.9.97 true copy of which has been annexed as annexure-4 to the petition.

(3.) The petitioner has since been functioning as DGC (Criminal) He prayed for renewal for his term which was expiring on 14.9.1998 A true copy of the letter dated 14.9.1998 is annexed as Annexure-6 to the petition. However, his term has not been extended although the District Judge, Meerut and the District Magistrate Meerut both made favourable reports and recommended the petitioner's appointment as DGC (Criminal) In paragraph 13 of the petition it has been alleged that the petitioner has been working satisfactorily and with unblemished record as District government Counsel and hence his term should be renewed.