IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. Shravan Kumar, J.
G.Shyam Rao - Petitioner
Versus
The Ste of Telangana, Represented by its Principal Secretary, Home (Courts-A1) Department, Hyderabad, and others - Respondents
W.Ps. No.1612, 1615, 28817, 29224, 29238, 29272, 29275, 29285, 29626, 29630, 29658, 29677, 30033, 30574, and 30856 of 2024
Decided On : 09-01-2026
| Table of Content |
|---|
| 1. application for writ petitions challenging termination of public prosecutors. (Para 3 , 4 , 7 , 8 , 9) |
| 2. court's reasoning and precedents regarding termination of services in law. (Para 10 , 11 , 12 , 14 , 18 , 34 , 54) |
| 3. arguments relating to the unjust termination and applicability of rules. (Para 19 , 20 , 21 , 22 , 24 , 35) |
| 4. conclusion affirming the government's right to terminate engagements of law officers. (Para 56 , 57 , 58) |
ORDER :
N.V. Shravan Kumar, J.
Since in all these writ petitions, the petitioners are challenging the termination of their appointments as Additional Public Prosecutors, Special Public Prosecutors and the issues involved in batch of writ petitions are identical, they are being taken up for analogous hearing with the consent of learned counsel for the parties for disposal.
2. W.Ps. No.1612, 1615 OF 2024 (Learned counsel Sri V.Rohith, for the petitioners on record, represented by the learned Senior Counsel Sri V. Ravi Kiran Rao)
3. These writ petitions are filed seeking Writ of Certiorari calling for the records relating to the order passed by the respondent No.1, Principal Secretary to Government, Home (Courts A-1) Department, dated 04-01-2024 terminating the services of the petitioners as Additional Public Prosecutors (Tenure) for the Court of V Additional District and Sessions Judge Court, Bodhan and Senior Civil Judge-cum-Assistant Sessions Judge Court, Bodhan, respectively, alleging that they have violated Model Code of Conduct during the Telangana State Legislative Assembly Elections-2023, without issuing any notice and without causing any enquiry and seeking to quash the said proceedings dated 04.01.2024 duly declaring the same as arbitrary, illegal, as gross violation of principles of natural justice and violation of Article 14 of Constitution of India and contrary to Clause 9 of Telangana Law Officers (Appointment and Conditions of Service) Instructions, 2000 issued vide G.O.Ms.No.187 Law (L) Department dated 06-12-2000.
W.Ps. No.28817, 29224, 29238, 29272, 29275, 29285, 29626, 29630, 29658, 29677, 30033 and 30574 of 2024
4. The learned counsel Sri M.A.K.Mukheed appearing for the petitioners in W.Ps. No.28817, 29224, 29238, 29272, 29275, 29285, 29626, 29630 and 30574 of 2024 and the learned counsel Sri V.Rohith appearing for the petitioners on record in W.Ps. No.29658 of 2024 and the learned counsel Sri S.Rama Mohan Rao, appearing for the petitioners on record in W.Ps. No.29677 and 30033 of 2024.
5. These writ petitions are filed seeking a Writ of Mandamus declaring the orders passed by the respondent No.1, Special Chief Secretary to Government, vide G.O.Rt.No.773, 842, 844, 724, 739, 839, 722, 760, 767, 738, 714 and 715, Home (Courts A-1) Department dated 10-09-2024, 25-09-2024, 25-09-2024, 29-08-2024, 31-08-2024, 25-09-2024, 28-08-2024, 05-09-2024, 10-09-2024, 31-08-2024, 27-08-2024 and 27-08-2024, relieving the Petitioners from their posts as Additional Public Prosecutor, IV-ADJ-cum-IV AMSJ Court-cum-I Additional Family Court, Ranga Reddy District at L.B. Nagar, Ranga Reddy; Public Prosecutor, Principal District and Sessions Judge-cum-Family Court at Malkajgiri, Medchal Malkajgiri District; Additional Public Prosecutor, Family Court-cum-II Additional District Judge Court, Hanumakonda; Additional Public Prosecutor, I Additional District and Sessions Judge, Jogulamba Gadwal District; Additional Public Prosecutor, I Additional District & Sessions Judge, at Bhongir, YadadriBhuvanagiri District; Additional Public Prosecutor, V Additional District and Sessions Judge Court, Ranga Reddy District-cum-V Additional Metropolitan Sessions Judge at L.B. Nagar, Ranga Reddy District; Special Public Prosecutor, Fast Track Special Court for Expeditious Trial and Disposal of Rape and Protection of Children against Sexual Offences (POCSO) Act Cases, Kothagudem; Additional Public Prosecutor, I Additional Assistant Sessions Court at Bhongir, YadadriBhuvanagiri District; Additional Public Prosecutor
Kumari Shrilekha Vidyarthi and others Vs. State of U.P. and others
State of U.P. and another Vs. Johri Mal
State of U.P. v. Rakesh Kumar Keshavi
State of UP Vs. Rakesh Kumar Keshavi
The government holds discretion to terminate appointments of Public Prosecutors without inquiry or specific reasons, provided procedural mandates of applicable instructions are adhered to, maintainin....
: action of the State, thus, must be judged with extreme care and circumspection. It must be borne in mind that the right of the public prosecutor or the district counsel do not flow under a statute.....
Engagement of Advocates as Law Officers is a professional arrangement, not subject to Writ Jurisdiction under Articles 14 and 16, affirming the Government's discretion to appoint and terminate withou....
The District Government Counsel do not hold civil posts or employee status under Article 311; their engagement is contractual, terminable at will without notice, and does not attract constitutional p....
The State Government must conform to statutory procedures when making appointments to public offices to ensure the rule of law is upheld.
The court ruled that the appointment of Additional Advocate Generals is a professional engagement, not subject to employment laws, and the petitioner's claims lacked merit.
The court emphasized the need for clear recruitment notifications and adherence to consultative processes in appointing public prosecutors to ensure eligible candidates are not excluded.
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