KRISHNARAO SAYAJIRAO PANDIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . Rule made returnable forthwith, by consent. The petitioner is challenging the notification dated 28.7.2009, appointing respondent no.3 -Ramesh Govindrao Janjire as a District Government Pleader / Public Prosecutor of Beed District by the respondent no.1 - State of Maharashtra.

(2.) THE petitioner - Krishnarao was appointed as an Assistant Government Pleader by the respondent No.1 from 1.8.2000 to 21.8.2004. Thereafter, by various appointments and continuation orders, he was appointed as District Government Pleader/Public Prosecutor till the impugned notification appointing respondent no.3 -Ramesh Janjire was issued by the respondent no.1 -State.

(3.) IN view of these directions, fresh process was started and again applications were invited in the month of October, 2008. In the month of December, 2008 again the District Magistrate called recommendations from the District Judge. At this juncture, the District Judge again recommended the name of the petitioner alongwith one another candidate. So far as the present respondent no.3 -Ramesh Janjire is concerned, the District Judge did not recommend him with remarks "General reputation not known, experience not relevant, knowledge of law not known, conduct not known. No opinion can be given for him as he never appeared in any District Court in any matter." When these recommendations were received by the respondent no.2 -the District Magistrate/ Collector, he has adopted a different procedure before sending the panel with his recommendations to the respondent no.1State.