ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

Date: 12-07-2018

In these two analogous Letters Patent Appeals, the State of Bihar has moved before us for setting aside the common judgment dated 26.02.2018 passed in Civil Writ Jurisdiction Case No. 13876 of 2017 and Civil Writ Jurisdiction Case No. 10661 of 2017 by which the learned Writ Court has been pleased to set aside the impugned Memos issued under signature of the Secretary, Law Department, Govt. of Bihar addressed to the District Magistrate, Patna and the District Magistrate, Nalanda respectively informing them that the two writ petitioners who were working as Public Prosecutors at Patna and Nalanda respectively have been removed from their posts and in place thereof the Additional Public Prosecutors were authorized to discharge the duties of the Public Prosecutor as an interim measure.

2. We will briefly refer the facts of the two Writ Applications separately as under:-

Civil Writ Jurisdiction Case No. 13876 of 2017

2.1 The petitioner of this case is a lawyer practicing in Patna Civil Court, he is said to have joined the Bar in the year 1977 and was earlier appointed as Additional Public Prosecutor in the year 1