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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V.SHRAVAN KUMAR
G.Shyam Rao – Appellant
Versus
Ste of Telangana, Represented by its Principal Secretary, Home (Courts-A1) Department, Hyderabad – Respondent
| 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 :
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.
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
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....
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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