JYOTIRMOY DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.K. Choudhury, learned Senior Advocate, assisted by Mr. M. Sarma, learned counsel for the petitioners, Mr. D. Mozumdar, learned Addl. Advocate General for the State, assisted by Mr. D. Nath, learned Addl. Senior Govt. Advocate, Mr. U.K. Nair, learned Senior Advocate, appearing as Standing Counsel for this Court, representing respondent no.3, Mr. K.N. Choudhury, learned Senior Advocate, assisted by Mr. N. Deka, learned counsel for respondent nos. 4 to 7 and 9, as well as Mr. M. Sarma, learned counsel for respondent no.8.

(2.) At the request made by the learned senior counsel for the petitioners, which was not objected to by the learned senior counsel for the respondent no. 3 and for respondent nos. 4 to 7 and 9 and for respondent no.8, the writ petition was proposed to be heard at the admission stage. However, the learned Addl. A.G. appearing for respondent no.1 and 2 had prayed for some time to produce the record. The said prayer was rejected as because the respondent no. 1 had filed affidavit- in- opposition on 19.12.2017, the respondent no.3 had filed his affidavit- in- opposition on 19.06.2019, and the respondent nos. 4 to 9 had filed their joint affidavit- in- opposition on 21.08.2019. However, although notice of motion was issued by order dated 5.1.2018 and in spite of being granted time to respondent no.2 to file his affidavit- in- opposition vide order dated 18.01.2021, the respondent 2 had not filed his affidavit- in- opposition. It may also be mentioned that by order dated 19.07.2019, this Court had granted liberty to the respondent nos. 2 and 3 to file supplementary affidavit enclosing therewith copies of documents not annexed with the affidavit- in- opposition, but no such opportunity was availed. Therefore, adjournment of hearing to enable the learned Addl. A.G. to produce records was refused and the matter was heard on the basis of materials available on record.

(3.) The issue raised in this writ petition is of considerable public importance. The case of the petitioners, in brief, is that they were holding the post of Additional Public Prosecutors ('A.P.P.' for short) in different Courts in Karimganj District. By virtue of notification dated 10.11.2017 issued by the Legal Remembrancer- cum- Commissioner and Secretary to the Govt. of Assam, Judicial Department, the services of four out of six petitioners were relieved and the private respondent nos. 4 to 8 were appointed to the said post. Accordingly, the aggrieved petitioners have filed this instant writ petition.