JAMAL UDDIN KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H. Ali, learned counsel for the petitioner, Mr. H. Rahman, learned Govt. Advocate, Assam, Mr. U.K. Nair, learned Standing Counsel, Gauhati High Court and Mr. S. Sarma, learned Counsel for respondent No. 5. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of two notifications, both dated 02.02.2015, issued by the LR and Secretary to the Govt. of Assam, Judicial Department and for a direction to the respondents to allow the petitioner to continue as the Additional Public Prosecutor, Bajali. By the first notification, petitioner was relieved from the post of Additional Public Prosecutor, Bajali in the district of Barpeta with immediate effect and by the second notification, respondent No. 5 has been appointed as Additional Public Prosecutor, Bajali in the district of Barpeta under Sec. 24(3) of the Code of Criminal Procedure, 1973.

(2.) Case of the petitioner is that he is an Advocate and is a member of the Barpeta Bar Association since 1970. With the establishment of the Court of Sub -Divisional Judicial Magistrate at Bajali, he was appointed as the Additional Public Prosecutor, Bajali vide order dated 29.08.2002. Since then he discharged his duties as Additional Public Prosecutor, Bajali.

(3.) In the year 2012, Court of Additional Sessions Judge was established at Bajali. Public Prosecutor by his order dated 12.12.2014 attached the petitioner as the Additional Public Prosecutor in the newly established Court of Additional Sessions Judge, Bajali.