Director Of Prosecution Has To Perform Substantive Functions, 'In-Charge' Arrangement Not Encouraged: Karnataka HC Removes HK Jagadish From Post
1 year ago

Director Of Prosecution Has To Perform Substantive Functions, 'In-Charge' Arrangement Not Encouraged: Karnataka HC Removes HK Jagadish From Post

Live Law  

The Karnataka High Court has removed HK Jagadish as incharge 'Director of Prosecution and Government Litigation', holding his appointment to be illegal and contrary to the statutory provisions of Section 25A of the Code of Criminal Procedure. It defended the in-charge arrangement citing lack of eligible Deputy Directors in the department at the relevant time and submitted that now steps are being taken for making regular appointment to the post. However, Court said Section 25A CrPC prescribes concurrence of the Chief Justice of the High Court, as a sine qua non for appointment to the post of Director. Accordingly, Court set aside Jagadish's appointment and directed the State to select and appoint an eligible and qualified candidate to the office in question with the concurrence of Chief Justice, within eight weeks.

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History of this topic

Officer Posted 'In-Charge' Of A Post Can Discharge Its Statutory Functions: Karnataka High Court Reiterates
3 months ago

Officer Posted 'In-Charge' Of A Post Can Discharge Its Statutory Functions: Karnataka High Court Reiterates

Live Law  

The Karnataka High Court has recently said that an officer posted as in-charge of a post can discharge the functions/duties of the said post, including statutory functions. Justice C M Poonacha held thus while dismissing a plea by Prakash Ramachandra Hegde, who had questioned the order of Assistant Registrar Co-Operative Societies, Kumta, who being the officiating/in-charge officer had on November …

Promotion Cannot Be Denied In Cases Where Chargesheet Not Filed In Pending Criminal Case Against Employee: Karnataka High Court
1 year, 5 months ago

Promotion Cannot Be Denied In Cases Where Chargesheet Not Filed In Pending Criminal Case Against Employee: Karnataka High Court

Live Law  

The Karnataka High Court has held that promotion to a government employee cannot be denied on the ground that a criminal case was pending against him wherein the chargesheet is not filed, or in cases where Articles of Charge are not issued, on the date of Departmental Promotion Committee Meeting. It was also pointed that on 14.03.1993 itself, the State …

TN cannot appoint SPP: Karnataka HC
10 years, 1 month ago

TN cannot appoint SPP: Karnataka HC

The Hindu  

The High Court of Karnataka on Wednesday declared that the Tamil Nadu government has no jurisdiction to appoint a public prosecutor to represent the prosecution in the appeals filed by AIADMK general secretary Jayalalithaa and three others questioning their conviction in the disproportionate assets case. The apex court had specifically directed the Karnataka government to appoint a public prosecutor to …

CBI boss writes to law ministry seeking clarity on role in choosing head of prosecution
11 years, 1 month ago

CBI boss writes to law ministry seeking clarity on role in choosing head of prosecution

India TV News  

New Delhi: CBI Chief Ranjit Sinha has written to Law Ministry seeking an explicit mention in the rules under the DSPE Act that the investigative agency's director will be part of the appointment process for its Director of Prosecution. Sinha has raised objections to the recently passed Lokpal Act, saying that as per the amended Section 4BA in the Delhi …

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