SHARDA NANDAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners, who are Assistant public Prosecutors working in different courts of this State, have sought for a writ of mandamus commanding the respondents to take a decision for creation of dif-terent avenues of promotions in the light of necommendation of the 5th Pay Revision committee and keep the Directorate of Prosecution free from the Police Department tor all practical purposes. Their case is that considering the desirability to provide promotional avenues to the Assistant Public prosecutors, the 5th Pay Revision Committee in its report recommended that in each of the districts where Assistant Public prosecutors have been posted, one post in the scale of Rs. 1360-2000 should be created for proper supervision and control of the working done by the Assistant Public prosecutors. Secondly there should be at lleast four Regional Public Prosecutors with headquarters at Patna, Ranchi, Muzaffarpur ;and Bhagalpur in the scale of Rs. 1575-2300 for supervision of the work in the districts within the original jurisdiction of these old division. Thirdly posts of Additional Director be filled up from either the cadre of Assistant public Prosecutors or from Superior Judicial services. It was also recommended that the prosecuting cadre should not be directly under the Director General of Police.

(2.) IT is alleged that although the recommendation of the 5th Pay Revision committee was accepted by State Government but no promotional avenues has been created except providing selection grades.

(3.) IT is stated that in absence of any promotional avenues, Assistant Public prosecutors have to serve the same post throughout the service career whereas munisfs/judicial Magistrates have avenue of promotions to the rank of District Judge and even elevation as Judge of this Court. Similarly, Deputy Superintendent of Police having lesser qualifications and appointed on the basis of same panel, are getting promotions to the Indian Police Service and utimately also get chance for promotion even to the rank of Director General of Police.