V KISHORE KUMAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ appeal has been preferred by the writ petitioner against the order of the learned single Judge dated 29-5-1991 dismissing the writ petition.

(2.) The writ petition was filed for the issue of writ of Mandamus directing the sole respondent viz., State of Andhra Pradesh represented by the Secretary, Law (Courts) Department directing the respondent to issue a fresh notification calling for a panel of advocates for appointment of Public Prosecutor in the Courts of the District & Sessions Judge, Adilabad from among advocates who have put in a minimum of 7 years of practice as per Section 24(3) read with Sec. 24 (7) of the Code of Criminal Procedure, 1973.

(3.) The following are the facts of the case: The petitioner enrolled himself as an Advocate with the Bar Council of Andhra Pradesh on 9-9-1983. He has been practising in the Court at Sirpur town and Adilabad District Court. The petitioner states that initially the Government came up with the proposal to appoint a Special Public Prosecutor and a Special Additional Public Prosecutor in the above two courts. Under Sec. 24 of the Code of Criminal procedure, a person should not have less than 10 years standing at the Bar for being appointed as Special Public Prosecutor and a person could be appointed as Public Prosecutor if he has hot less than seven years standing at the bar. It appears that the District & Sessions Judge invited bio-data from advocates who were practising for 10 years or more by 20-9-1990 as per Section 24 (8) of the Code of Criminal Procedure for consideration of the candidates to be included in a panel for appointment as Special Public Prosecutor. Pursuant thereto, advocates with more than 10 years standing at the bar submitted their bio-data to the District & Sessions Judge. The District Judge then submitted a panel of advocates to the Government for appointment of Special Public Prosecutor and Special Additional Public Prosecutor. However, the Government issued G.O. Ms. - No.50 dated 2-3-1991 appointing one Mr. Mohan Singh not as special Public Prosecutor but as a regular Additional Public Prosecutor for the court of Addl. District & Sessions Judge, Adilabad for a period of three years.