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