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Judgment
Heard Mr. S. Bhattacharjee, learned counsel learned counsel appearing for the petitioner as well as Mr. A.K. Bhowmik, learned Advocate General assisted by Mr. K. Dey, learned Addl. G.A. appearing for the respondents.
Issue notice calling upon the respondents to show cause as to why a rule should not be issued as prayed for; and/or any other order(s) shall not be passed as to this Court may deem fit and proper in the circumstances of the case.
Notice is made returnable on 18.06.2020.
Since Mr. K. Dey, learned Addl. G.A. appears and accepts the notice for the respondents, no formal notice needs be issued.
The notice has been issued on the limited aspects i.e. the terms or period of the engagement of Assistant Public Prosecutor inasmuch as by the amendment carried out in the Legal Remembrancer Manual by the order under No.F.1(1)-LR/74 dated 01.08.1974, the following enabling power has been provided to the State Government:
"36S. The State Government shall appoint the Public Prosecutors, Additional Public Prosecutors and Assistant Public Prosecutors under the provisions of Section 24 and 25 of the Code of Criminal Procedure, 1973 for such term or period as may be notified in the official gazette."
Expectedly a short reply on action taken be filed by the returnable date so that the matter can be disposed of invariably on the returnable date.
So far the Gomati District is concerned, the respondents shall show the number of vacancies of the Assistant Public Prosecutors in the reply.