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2016 DIGILAW 710 (RAJ)

Paramjeet Gujral v. State of Rajasthan

2016-05-19

GOVIND MATHUR, NAVIN SINHA

body2016
ORDER : 1. The present appeal arises from order dated 15.10.2015 passed in S.B. Civil Writ Petition No.12006/2015. The learned Single Judge declined to interfere with the order dated 07.10.2015 passed by the Secretary (Law) dispensing with the services of the appellant as Special Public Prosecutor. 2. Learned counsel for the appellant submits that she was appointed as Special Public Prosecutor under Section 24(8) Cr. P.C., by order dated 28.8.2009. In view of certain observations made by this Court in S.B. Criminal Misc. IIIrd Bail Application No. 4621/2015 a show cause notice was issued to the appellant by the Secretary (Law). The appellant has been denied proper and reasonable opportunity of defence. 3. This Court never directed her removal from the post of Special Public Prosecutor but only observed for appropriate action. Removal from the post is an extreme act stigmatic in nature. If the witnesses were given up voluntarily and did not wish to depose, the appellant could not have compelled them to depose. 4. We have considered submissions made on behalf of the appellant. Suffice to hold that the observations in the order dated 29.6.2015 shall be read, understood and be confined to facts of that case only and cannot be read for all times to come prejudicial to the appellant in perpetuity. 5. The appeal stands disposed with the said observation. Appeal disposed of.