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2016 Supreme(Ker) 717

MOHAN M.SHANTANAGOUDAR, SATHISH NINAN
State of Kerala, Represented By Secretary – Appellant
Versus
Saju George, Special Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Advocate General
For the Respondents:Sri. M.V. Bose, Advocate

JUDGMENT :

Mohan M. Shantanagoudar, J.

1. The judgment dated 26.09.2016 passed in W.P(C) No.21469 of 2016 is called in question by the State in this appeal.

2. Records reveal that the respondents, writ petitioners, were appointed as Additional Government Pleaders and Additional Public Prosecutors in various districts of Kerala State in accordance with the provisions of Section 24 of the Code of Criminal Procedure read with Kerala Government Law Officers (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978 (hereinafter referred to as, the 'Rules'). The said appointments were initially for a period of three years from the date of assuming charge. However, their term was further extended for another period of three years from 2014 onwards. While working as Additional Government Pleaders and Additional Public Prosecutors, Exhibit P2 notification dated 05.11.2015 was published in the Official Gazette appointing them as Special Additional Public Prosecutors in all Additional District and Sessions Courts in the State, except Additional District and Sessions Court, Ernakulam where Special Public Prosecutor was already appointed, for conducting the cases under the Protectio

















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