CH RAVINDER RAO Vs. STATE OF A P

JUDGEMENT

(1.) The petitioner seeks to issue writ of mandamus declaring the action of respondents 1 to 4 in not taking steps to fill up eight posts of Additional Public Prosecutors in the Courts of Additional District Judges and also Subordinate Courts in Ranga Reddy District as illegal and arbitrary and violative of Part-Ill of the Constitution of India, and consequently declare the action of respondents 1 to 4 calling for second panel for the post of Additional Public Prosecutor in I Additional District Judge's Court, Ranga Reddy District, ignoring the first panel sent in the month of August/September, 2003 as illegal, arbitrary and violative of Section 24 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') and Andhra Pradesh Law Officers (Appointment and Conditions of Service) Instructions, 2000 (hereinafter referred to as 'Instructions') issued in G.O.Ms.No. 187 dt. 6-12-2000 and also violative of Part-Ill of the Constitution of India.

(2.) The undisputed facts are that the Government in order to fill up the post of Additional Public Prosecutor in the court of I Additional District and Sessions Judge, Ranga Reddy District, called for a panel of advocates keeping in view the instructions issued by it from time to time. The District Collector, Ranga Reddy District, 3rd respondent herein, in consultation with the Principal District and Sessions Judge, Ranga Reddy District, has sent the panel of seven advocates vide his Lr.No.C1/4161/ 2003 dated 18-9-2003 for appointment to the post of Additional Public Prosecutor for the Court of I Additional District and Sessions Judge, Ranga Reddy, in order of preference duly verifying about their character and antecedents through the police. The panel consists of the following names:

(3.) It appears that the Government examined the panel of seven advocates sent by the District Collector on 18-9-2003 and observed in its memo dated 20-12-1999 that the panel should consist of five names only and, accordingly, the District Collector was requested to furnish a fresh panel of five advocates for appointment of Additional Public Prosecutor for the Court of I Additional District and Sessions Judge, Ranga Reddy District, vide its memo dated 24-6-2004. Accordingly, the District Collector vide letter dated 3-7-2004 requested the Principal District and Sessions Judge, Ranga Reddy District, to sponsor a fresh panel of five advocates. The Principal District and Sessions Judge, Ranga Reddy District, accordingly, vide letter dated 5-8-2004 has furnished to the District Collector the names of following five advocates in preferential order for consideration to the post of Additional Public Prosecutor for the Court of I Additional District and Sessions Judge, Ranga Reddy District.