NABA KISHORE LAHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN these four writ petition, the decision of the State Government in the Law Department contained in letters No. 11410 dated 13.9.2000. No. 13625 dated 6.11.2000 (Annexures 8 and 8A in O.J.C. No. 135 of 200.1) requesting the District Magistrates of 30 districts of the State to recommend names of panel of five advocates against each posts of Public Prosecutor, Additional Public Prosecutor, Assistant Public Prosecutor, Government Pleader, Additional Government Pleader and Associate Lawyer under Rule 5 of the Orissa Law Officers Rules, 1971 read with Section 24, Cr.P.C. is the subject matter of challenge. The Law Department's letter No. 15674 dated 30.11.2000 (Annexure 9 in O.J.C. No. 135 of 2000) appointing 16 advocates as Assistant Public Prosecutors under Rule 5 of the Orissa Law Officers Rules, 1971 in the Courts of Magistrates (both judiciary and executive) at Jaipur and Jajpui Road has been assailed. The petitioners have prayed that the opposite parties should be directed to complete the process of selection of Public Prosecutors and Assistant Public Prosecutors already made under the Orissa State Prosecution Service Rules, 1997. For the sake of relevancy, we may briefly indicate the facts of each of the writ petitions which are as follows :

(2.) AS common questions arise in all these four writ petitions, they were heard together and are disposed of by this common judgment.

(3.) PURSUANT to 1997 Rules steps were taken for recruitment to the posts of Public Prosecutor and Assistant Public Prosecutor. The Orissa Public Service Commission issued separate advertisement in July, 1999 for recruitment of 23 posts of Public Prosecutor (Group 'A' service) and 208 posts of Assistant Public Prosecutors (Group 'B' service) by way of direct recruitment. After holding written examination and viva voce test, the Commission have recommended to the State Government 20 and 25 candidates for appointment to the posts of Public Prosecutor (Group 'A' service) and Assistant Public Prosecutor (Group 'B' service) respectively.