MRINAL KANTI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in this art.226 petition dated September 27, 2007 is seeking a mandamus cancelling (a) the appointments of the sixth eighteenth respondents as additional public prosecutors for the district South 24 Parganas, and (b) the panel of names of persons prepared by the district magistrate under s.24(4) of the Code of Criminal Procedure, 1973 and approved by the Legal Remembrancer, West Bengal.

(2.) In consultation with the sessions judge the district magistrate prepared the panel of names in which name of the petitioner, who was a candidate, was not included. The panel was approved by the legal remembrancer who communicated his decision to the public prosecutor by a memo no. 1642 dated May 14, 2007. Feeling aggrieved the petitioner submitted a representation to the legal remembrancer and forwarded a copy thereof to the sessions judge and the district magistrate. Since no action was taken, he brought this petition.

(3.) One of the allegations made in the petitioners complaint is as follows: