BICHITRA MOHAN NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner is a practising advocate of Udala Bar. He has been practising since 1974. On 30.06.2001 an order was issued by the Government of Orissa in the Law Department appointing Assistant Public Prosecutors for the district of Mayurbhanj copy of which is Annexure -1. The petitioner's name found place at serial number 15 of the said order. Annexure -1 was addressed to the District Magistrate, Mayurbhanj, with an endorsement to communicate the same to the persons concerned. It is alleged that the District Magistrate never communicated the order to the petitioner. However, by letter No. 369 dated 19.07.2001 (Annexure -2), the Public Prosecutor, Mayurbhanj, Baripada issued order of allotment of Courts to different Assistant Public Prosecutors and the petitioner was assigned the Court of S.D.J.M., Udala. But the said order, so far as assignment of duty to the petitioner was concerned, was withdrawn on 20.07.2001. The petitioner has, therefore, approached this Court with a prayer to direct the District Magistrate, Mayurbhanj, Baripada (opp. party No. 2), to implement the Government Order dated 30.06.2001.

(2.) A counter affidavit has been filed on behalf of the opposite party No. 2 wherein it has been specifically averred that the name of the petitioner had not found place in the panel list submitted by the District and Sessions Judge, Mayurbhanj, Baripada. As such, the Law Department could not have appointed the petitioner as an Assistant Public Prosecutor.

(3.) FOR the aforesaid reasons, the prayer of the petitioner to issue a writ to opposite party No. 2 for implementing the order dated 30.06.2001 of the State Government in the Law Department is rejected. Consequently, the other prayers made do not survive.