MANGILAL SARAF Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INVOKING Article 226 of the Constitution of India, the petitioner an Advocate, made following prayer- (i) order dated October 23, 1998 of the Joint Legal Remembrancer and Director Litigation Jaipur be set aside; and (ii) the petitioner be allowed to continue as Public Prosecutor Hanu-mangarh.

(2.) CONTEXTUAL facts depict that the petitioner was appointed as Public Prosecutor for Hanumangarh Distt. vide order dated Sept. 19, 1994 (Annexure-1 ). While the petitioner was discharging the functions of the Public Prosecutor, the State Government issued an order dated October 23, 1998 (Annexure-4) terminating the services of the petitioner with immediate effect and appointed Advocate Vijay Sharma (respondent No. 3) as Public Prosecutor Hanumangarh. According to the petitioner the order Annexure -4 is arbitrary and illegal being violative of Section 24 of the Code of Criminal Procedure and Rule 15 of the Rajasthan Law and Judicial Department Manual 1952 (for short Manual 1952 ).

(3.) RULE 15 of the Manual 1952 provides that the Public Prosecutor shall be appointed for a period of three years including the period of his probation, and may be reappointed for further periods not exceeding three years at a time. Ordinarily no person will be appointed as Public Prosecutor if he attains the age of 60 years or continued in that office if he attains the age. Notwithstanding the expiry of the period of his term of appointment, a Public Prosecutor shall continue as such until he is reappointed or his successor is appointed.