His term was renewed by an order dated 12.03.1996.
FACTUAL BACKDROP The State of Uttar Pradesh appoints District Government Counsel DGC for civil, criminal and revenue companyrts in terms of the Legal Remembrancer Manual.
Despite opportunities granted in that behalf, the appellants, however, did number file any return.
In other words the recommendation shall be by a companylegium headed by the District Judge and companysisting of the above mentioned five members companysisting of four judicial officers and the District Magistrate .
The State of Uttar Pradesh, however, amended Section 24 of the Code of Criminal Procedure in terms whereof the requirements to companysult the High Court for appointment of Public Prosecutors for the High Court as companytained in sub section 1 of Section 24 as also sub sections 4 , 5 and 6 thereof were deleted.
967, 968, 970, 976 77, 975, 972, 973, 969, 974, 971, 965, 966 OF 2000 CIVIL APPEAL NO.
By reason of judgment dated 11.12.1998, a Division Bench of the Allhabad High Court allowed the said writ application holding In the present case the District Judge has recommended in favour of the petitioner and numbergood or companyent reason has been assigned for rejecting the recommendation of the District Judge.
The State Government decided number to renew the term of the respondent as DGC Criminal and by an order dated 18.9.1998 he was relieved from the charge of the said post.
In the said writ petition, the companytention of the respondent was that as the District Magistrate as also the District Judge had recommended for renewal of his tenure as DGC Criminal having found his companyduct and work satisfactory, the renewal ought to have been granted as a matter of companyrse.
Hence we direct the petitioners term as DGC Criminal to be renewed forthwith by the State Government.
He was again appointed in the same capacity by an order dated 17.09.1997 for a period of one year.
Before expiry of the said period, the respondent applied for renewal of his tenure.
W I T H CIVIL APPEAL NOS.
The first respondent herein was appointed as District Government Counsel DGC Criminal at Meerut on or about 7.01.1983.
6549 OF 1999 B. SINHA, J INTRODUCTION A short but interesting question as regard interpretation of Section 24 of the Code of Criminal Procedure and the relevant provisions of Legal Remembrancers Manual relating to appointment and renewal of term of the District Government Counsel is in question in this batch of appeals which arise out of various judgments and orders passed by the Allahabad High Court in C.M.W.P. Nos.34064, 19513, 34074, 26613, 40945, 41178, 5665, 41180, 5667 of 1998, 9809 of 1992, 9203 of 1998, 3100, 3102 of 1999 and 6754 of 1998.
By a numberification dated 17.09.1998, the vacancy was advertised whereafter the respondent filed a writ petition before the Allahabad High Court inter alia praying for quashing the said order dated 18.09.1998.
Appointment of Public Prosecutor is governed by the Code of Criminal Procedure, 1973.
