VINDHYAVASNI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed by the petitioner to quash the Government notification No. 870 dated 9.3.19%, as contained in Annexure 1, by which respondent No. 5 Shri Mohammad Yunus, has been appointed as a Public Prosecutor for the district of Purnea under Section 24 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) One Sri Kusum Lal Sah was the Public Prosecutor of the district. After his death, the Secretary, Law (Judicial) Department, Government of Bihar, Patna, asked the District Magistrate, Purnea, to send a panel of 11 Advocates, found fit and suitable for appointment as Public Prosecutor for the district of Purnea, a copy of which was also sent to the District Judge, Purnea, vide memo No. 2327 dated 19.7.1995, in pursuance of which the District Judge, Purnea, on 24.8.1995 sent a letter to the Secretary, Law (Judicial) Department, Government of Bihar, Patna, recommending names of 11 persons, with a copy to the District Magistrate, Purnea. A copy of the said letter dated 24.8.1995 has been annexed as Annexure '2' to this writ application. The District Magistrate, thereafter, sent a list of 13 persons to the Secretary, Law (Judicial) Department, for appointment to the post of Public Prosecutor. The two names i.e. at serial Nos. 12 and 13, namely, Shri Ashish Kumar Dey and Shri Md. Yunus (respondent No. 5) were not in the list sent by the District Judge. While recommending their names, the District Magistrate stated in the letter that he has reconsulted the matter with the District Judge and, thereafter, he has sent the names of thirteen persons mentioned in the letter.

(3.) According to the petitioner, he is also a practising Advocate and his name finds place at serial No. 2 of both the lists sent by the District Judge and the District Magistrate and that the appointment of respondent No. 5 as a Public Prosecutor is in complete breach of the provision of Section 24, sub-sections (4) and (5) of the Code.