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2015 Supreme(Guj) 1027

J.B.PARDIWALA
LAXMAN RUPCHAND MEGHWANI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Applicant : Mr. B.B. Naik and Mr. R.J. Goswami.
For the Respondent:Mr. Shalin Mehta, Mr. P.R. Thakkar, Mr. Kamal B. Trivedi, Advocate General and Mr. Mitesh Amin, Public Prosecutor.

JUDGMENT :

J.B. PARDIWALA, J.

1. Since the issues raised in all the three captioned writ applications are more or less the same, those were heard analogously and are being disposed of by this common judgment and order. However, for the sake of convenience, the Special Criminal Application No. 3734 of 2015 is treated as the lead matter.

2. The Government of Gujarat, by order and in the name of the Governor, issued a Notification dated 07.05.2015 and appointed Shri Raghuvir Nandkrishna Pandya, the respondent No. 3 herein, as the District Government Pleader and Public Prosecutor of Vadodara. The question for consideration is: whether the appointment of the respondent No. 3 as the District Government Pleader and Public Prosecutor in the District of Vadodara was an infraction of Section 24(3) of the Code of Criminal Procedure, 1973 (for short, the Cr. P.C.) and the Law Officers (Appointment and Conditions of Service) and Conduct of Legal Affairs of the Government Rules, 2009 (for short, the Rules 2009)? Was he qualified for an appointment as the District Government Pleader and Public Prosecutor –















































































































































































































































































































































































































































































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