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1999 Supreme(Raj) 620

B.S.CHAUHAN
Ram Chandra Joshi – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
M. Mridul, L.S. Udawat, Senior Advocates, R.N. Upadhyaya, D.C. Sharma, K.L. Jasmatia, J.P. Joshi, D.R. Bhandari, Mahesh Bora, G.R. Punia, for the Appellant Sagar Mal Mehta, R.L. Jangid, Additional Advocate General, Chandralekha, Deputy Government Advocate, N.P. Gupta, M.S. Singhvi and Prakash Tatia, for the Respondents

Judgment

B.S. Chauhan, J.-All these petitions have been filed against the order of removal of Public Prosecutors/Additional Public Prosecutors/Additional Government Advocates working in the High Court of Judicature for Rajasthan at Jodhpur and the District Courts subordinate to it. As common questions of law are involved, all these petitions are heard together and are being disposed of by the common Judgment . The facts and circumstances giving rise to these cases have variance to some extent and, thus, in brief , the facts of each case would be considered separately for disposal of the case, but first legal issues are being examined.

2. At thisstage it may be mentioned that petitioners had been appointed under the provisions of Section 24 of the Code of Criminal Procedure, 1973 (for short, “CrPC”) read with the provisions of The Rajasthan Law and Judicial Department Manual, 1952 (for short, “the Manual”) and tenure of some of them had been extended for a definite or indefinite period.

3. The main arguments made by the learned Counsel for the petitioners had been that once petitioners had been appointed, they cannot be removed without due process of law; Rule 16(1) confers an unfet
















































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