TAHIL BULANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - The point for adjudication in these writ petitions is, whether the petitioner whose term as an Additional Public Prosecutor has expired has a right to continue on the post even after the expiry of the extended term on the plea that the respondents have removed him from the office of the Addl. Public Prosecutor withour effective consultation with the District & Sessions Judge and without following the procedure for appointment of Public Prosecutor/Addl. Public Prosecutor/Special Public Prosecutor and, whether his termination can be said to be violative of the provisions enumerated under Sec. 24 of the Code of Criminal Procedure, 1973. The petitioner has challenged the impugned termination order on the ground that the same is illegal, arbitrary, unconstitutional and void ab-initio and, thus, inoperative in the eyes of law. It has, therefore, been prayed for issuance of a writ of certiorari for quashing the order dated 17/7/1990, and for further direction to the respondents to make the payment or arrears of salary, allowances and other claim in regard to the post on which the petitioner asserts to continue.

(2.) BEFORE adverting to the plea taken on behalf of the petitioner, the facts of the case which lie in a very narrow ambit are to the following effect :

(3.) I, thus, find no merit in these writ petitions and the same are dismissed with no order as to costs.