SANGRAM KESHARI PANDE Vs. STATE OF ORISSA

JUDGEMENT

(1.) Alleging that there was illegality in the appointment of Shri Subash Chandra Kar Mohapatra an Additional Government Pleader in the district of Mayurbhanj a letter was addressed to Hon'ble the Chief Justice which was treated as a writ application.

(2.) Illegality has been attached to the appointment primarily on two grounds. Firstly, there was clear violation of the provisions of S. 25 of the Code of Criminal Procedure, 1973 (is short, the 'Code') and the requirement of the Orissa Law Officers' Rules, 1971 (in short, the 'Rules'). The then Legal Remembrancer played a vital role in the appointment. Mala fides have been attributed including the allegation of corruption against him. It is stated that the District Magistrate has to draw up a panel of names arranged in order of merit from amongst the legal practitioners of the district in consultation with the District and Sessions Judge. The recommendation has to be submitted through the concerned Revenue Divisional Commissioner to the Legal Remembrancer for orders of the State Government. This was not done in the case at hand. Reference in this context is made to R. 5 of the Rules, which reads as follows :

(3.) It is alleged that the proposal was initiated by the then Legal Remembrancer who instead of merits, views of the District Magistrate indicated the name of Subash Chandra Kar Mohapatra to be a recommended one and wanted the District Magistrate to confirm the same. No panel was prepared and only the name of Subash was indicated. Recommendation was not sent to the Revenue Divisional Commissioner, and therewas no consultation with the District and Sessions Judge.