NARAYAN MUNI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The petitioner in this writ petition assails the order in Annexure-4 wherein the Public Prosecutor, Ganjam has allotted the petitioner the Court of R. Mishra, JMSC, Aska on the ground that the Public Prosecutor, Ganjam has no authority to allot Court to the Petitioner.

(3.) From Annexure-1, it appears that the petitioner was appointed as an Assistant Public Prosecutor under Rule 5(4) of the Orissa Law Officers Rules, 1971 read with Section 25 of the Code of Criminal Procedure, 1973 to conduct the criminal cases in the Courts of Magistrate within Aska. While continuing as such, his allotment of Court was changed by the Public Prosecutor, Ganjam at Berhampur in Annexure-4 in exercise of power under Rule 14 of the Orissa State Prosecution Service Rules, 1997 read with Section 2(u) of the Code of Criminal Procedure, 1973. The petitioner's appointment being under the Orissa Law Officers Rules, 1971, his service conditions are also governed by the said Rules. The aforesaid Rules of 1971 nowhere authorize the Public Prosecutor to allot Courts to the Assistant Public Prosecutors whereas the Orissa State Prosecution Service Rules, 1977 authorises the Public Prosecutor to do so.