SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1998 Supreme(All) 166

S.H.A.RAZA, BHAGWAN DIN
VIJAY SHANKAR MISHRA – Appellant
Versus
STATE OF UTTAR PRADESHAND OTHERS – Respondent


S. H. A. RAZA, J.

( 1 ) THE fate of this writ petition hinges on the upright on the following questions :1. Whether the duties of the public prosecutor/government Advocate are statutory in nature? If so, its effect?

( 2 ) WHETHER the public prosecutor/government Advocate is a public servant holding a civil post and cannot be removed without affording him a reasonable opportunity as contemplated under the provisions contained in Article 311 of the Constitution or the principles of natural justice?

( 3 ) WHETHER before appointing a public prosecutor/government Advocate, consultation with the High Court is necessary, in view of the undertaking given by the Advocate General and the practices or conventions?

( 4 ) WHETHER a tenure appointment can be cut short by removing the appointee without giving him an opportunity to show cause?


( 5 ) WHETHER a public prosecutor/government Advocate appointed under a spoils system and can be removed by the spoils system and can be removed by the sweet discretion of the State and such a removal cannot be subjected to judicial review?2. Before delving into the questions involved in this writ petition it would be necessary to look into the factual matrix as









































































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top