JAYANT ALIAS SHIVAJIRAO JAGDALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. By consent of the parties the matter was heard finally.

(2.) The petitioner, an Advocate practicing at District Court, Osmanabad, prayed for issuance of writ, order or direction for setting aside the impugned order dated 9th June 2009 issued by the Department of Law and Judiciary, State of Maharashtra appointing respondent No.2 - Mr. Shashikant Panditrao Nimbalkar as District Government Pleader and Public Prosecutor for Osmanabad District and for setting aside the order passed by the Law and Judiciary Department dated 22nd May 2009 staying the effect and operation of the order appointing the petitioner as District Government Pleader and Public Prosecutor of District Court Osmanabad. The petitioner further prayed for writ of mandamus for implementation of the notification dated 22nd May 2009 wherein the petitioner was appointed as District Government Pleader and Public Prosecutor. The petitioner amended the petition during the course of hearing and added consequential prayer clauses and further prayed for setting aside the order dated 6-7-2009 by which the State Government had cancelled the appointment of the petitioner as District Government Pleader and Public Prosecutor with effect from 22nd May 2009.

(3.) In substance, the petitioner's contention is that the respondent No.2 Mr. Nimbalkar was appointed as District Government Pleader and Public Prosecutor initially by a notification dated 28-10-1992 and since last 17 years respondent No.2 is continued as District Government Pleader and Public Prosecutor. It is alleged by the petitioner that during the course of said tenure as District Government Pleader and Public Prosecutor there were several complaints made against the functioning of the respondent No.2.