To bring the cheques from treasury and to bring the cash amount from bank and to handover the same to the Sr. And to do all other works as directed by Government Pleaders. Note: At the Office of Asstt. Pleader and Addl. Clerk has to done the duties mentioned in particular vi A e f h j l m n r s v x z gg hh.
Clerk Civil mentioned in B. And Jr. The Government has revised the fees and allowances payable to Law Officers in the State of Maharashtra as per under mentioned resolution. Corrigendum dt. Grant allotment for Year Salary Rs. Citizens can obtain any information by filing an application to the Information Officer. Rule 2 of the said Rules deals with the definitions and it would be appropriate to reproduce the following clauses:. He is not a person in the service of the State Government, but under Maharashtra Law Officers Rules, he is paid the prescribed fees.
Under Rule 33, there are limitations regarding advising, appearing or acting against the State or its officers, except with the special sanction of the Government.
Except as provided under the Rules, the Government Pleader or Public Prosecutor is debarred from holding any brief against the State or its officers or advising, appearing or acting in any case against the State or its officers. In case, the law officer so appointed advises, appears or acts in any case against the State or its officers, before his appointment as such Law Officer, he shall stop doing so as soon as he is so appointed. There Exist distinction is to be borne in mind between appointment of a Public Prosecutor or Additional Public Prosecutor on one hand, and Assistant Public Prosecutor on the other hand.
So far as the Assistant Public Prosecutors are concerned, they are employees of the State. They hold civil posts. They are answerable for their conduct to higher statutory authorities. Their appointment is governed by the service rules framed by the respective State Governments.
Proviso appended to Article of the Constitution of India is not applicable in their case. Their appointment is a tenure appointment. Public Prosecutors, furthermore, retain the character of legal practitioners for all intent and purport. They, of course, discharge public functions and certain statutory powers are also conferred upon them. Their duties and functions are onerous but the same would not mean that their conditions of appointment are governed by any statute or statutory rule.
The appointments of the Assistant Government Pleader or the Additional Public Prosecutor are made under the Maharashtra Law Officers Rules and though they are contractual in nature, there is undoubtedly no employer-employee relationship between the State Government and such appointees. However, the appointees under the said Rules do perform public duties and they receive their fees as prescribed under the Rules.
They are not allowed to appear against the State Government or its officers unless a specific 11 wp To conduct prosecution on behalf of the State is nothing short of a public duty and that too when so appointed for a fixed tenure and not for a fixed case, under the Maharashtra Law Officers Rule.
Section 25A has been added to the Code with effect from As per sub-section 5 of the said Section, every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section 1 or as the case may be, sub-section 8 , of Section 24 of the Code, to conduct cases in District Courts and every Assistant Public Prosecutor appointed under sub-section 1 of Section 25, shall be subordinate to the Deputy Director of Prosecution and as per sub-section 4 of the said Section, every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution.
It is also well known that in the State of Maharashtra there is a separate cadre of Assistant Public Prosecutors and they are State Government employees. Undoubtedly, the Public Prosecutor or Additional Public Prosecutor is not an employee of the State Government, but, in our opinion, he is certainly a public servant within the meaning of Section 2 c of the Prevention of Corruption Act, It would be appropriate to re-produce Section 2 c of the Prevention of Corruption Act to the extent relevant for the present case :.
This was emphasized in State of U. State Law Officers Association and Ors. Appeal civil of In para of the judgment the Apex Court observed that the mode of appointment of lawyers for the public bodies could be either by an open invitation to the lawyers to compete for the post or by inviting the best persons available although they may not have applied for the post.
Thereafter the Court observed: Whatever the method adopted, it must be shown that the search for the meritorious was undertaken and the appointments were made only on the basis of the merit and not for any other consideration. State of U. The District Judge had recommended their extension but the District Magistrate, after receiving recommendation of the District Judge, did not recommend those names saying that on an inquiry at his level, their reputation, professional work, behaviour and conduct was not found in accordance with public interest.
The State Government rejected the extension. The State Government had relied upon the provisions of U. The Apex Court held that the procedure prescribed in the Manual to the extent it is not in conflict with the provisions of Section 24 shall be deemed to be supplementing the statutory provisions. The Court further held that the procedure prescribed under Section 24 was not followed by the District Magistrate and the records could not show that any panel as required by Section 24 4 was prepared by the District Magistrate in consultation with the District and Sessions Judge.
In paras 18 and 19, the Court held that there was patent infraction of the statutory provisions and that there was no effective or real consultation between the Sessions Judge and the District Magistrate. What the Apex Court has observed in para is instructive for our purpose which reads as follows The framers of the Code, were conscious of the fact, that the Public Prosecutor and the Additional Public Prosecutor have an important role, while prosecuting, on behalf of the State, accused person, who are alleged to have committed one or the other offence.
Because of that, provisions have been made for their selection in the Code. It is for the Sessions Judge to assess the merit and professional conduct of the persons recommended for such appointment and the District Magistrate to express his opinion on the suitability of persons so recommended, from the administrative point of view. The aforesaid section requires an effective and real consultation between the Sessions Judge and the District Magistrate, about the merit and suitability of person to be appointed as Public Prosecutor or as an Additional Public Prosecutor.
That is why it requires, a panel of names of persons, to be prepared by the District Magistrate in consultation with the Sessions Judge. The same is the position so far the Manual is concerned. It enumerates in detail, how for purpose of initial appointment, extension or renewal, the District Judge who is also the Sessions Judge, is to give his estimate of the quality of the work of the Counsel from the judicial standpoint and the District Officer i.
Then we come to the judgment in the case of State of U. Johri Mal. In a writ petition filed before the Allahabad High Court, he contended that the denial was contrary to the recommendation of the District Judge and District Magistrate. The Government of U. In the SLP, it was pointed out to the Apex Court that the facts were to the contrary and that such a recommendation had not been made by the District Judge. The Apex Court allowed the appeal in view of these facts but what it observed on various legal aspects is material for our purpose.
It is relevant to note that by the time this matter came to be decided, the State of U. The State of U. Yet the Court observed emphasizing the consultation with the District Judge in paras 85 and 86 as follows The age-old tradition on the part of the State in appointing the District Government Counsel on the basis of the recommendations of the District Collector in consultation with the District Judge is based on certain principles.
Whereas the District Judge is supposed to know the merit, competence and capability of the lawyers concerned for discharging their duties, the District Magistrate is supposed to know their conduct outside the court vis-a-vis the victims of offences, public officers, witnesses, etc. The District Magistrate is also supposed to know about the conduct of the Government Counsel as also their integrity.
In the said order unless otherwise expressly provided Government and Government Pleader mean- c In relation to any suit by, or against the State Government or against the Public Officer in the service of the State, the State Government and the Government Pleader as defined in clause 7 of Section 2, or such other pleader as the State Government may appoint, whether generally or specially, for the purposes of the order 27 of C.
The Duties of the Government Pleaders and Public Prosecutors are described in Chapter IV Rule 14 from sub rule 1 to 10 1 Adviser to Government or its officers — It shall be the duty of the Government Pleader or the Public Prosecutor to advise Government or its officers in respect of proceeding, whether civil or criminal.
Judiciary Department at Nagpur or Aurangabad, as the case may be ; ix in all cases of contempt of court in which he is required to appear; x in any proceeding conducted on behalf of the State before a full larger Bench of the High Court or any Special Bench of the High Court constituted under any law for the time being in force or before Third Judge; xi in any other case in which he is required to do so by the Remembrancer of Legal Affairs or the Joint Secretary or the Deputy Secretary to Government , Law and Judiciary Department at Nagpur or Aurangabad, as the case may be; b to present, as soon as possible, an appeal in the High Court against the order of acquittal or against the sentence on the ground of its inadequacy passed in any case, in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, X.
I of ; p where the District Government Pleader so directs the Subordinate Government Pleader, to appear in the execution of any commission for the examination of a witness or in any other civil proceeding; q where the District Magistrate so requires the Subordinate Government Pleader, under section 25 of the Code of Criminal Procedure, to appear before the Court of Judicial Magistrate, First Class, at or near the headquarters of the court for which he is appointed.
Clerk-1, Clerk-cum-Steno-1, Jr. Clerk-3, Peon-1 Pusad- Sr. Deep Dive Into Cryptocurrency. ET Markets Conclave — Cryptocurrency. Reshape Tomorrow Tomorrow is different.
Let's reshape it today. Corning Gorilla Glass TougherTogether. ET India Inc. ET Engage. ET Secure IT. HC questions Gujarat govt's claim about adequate beds for COVID patients In its submission on Tuesday, the state government informed the court that of 79, beds at COVID hospitals and other care facilities in the state, 55, were occupied, while the rest were vacant.
No need for full lockdown on May 1, Tamil Nadu govt tells HC The submission also comes in the wake of the first bench's suggestion to the Tamil Nadu government and Puducherry administration to consider declaring complete lockdown on May 1 and May 2. Hadiya case: Govt pleader alleges he received threats A government pleader, who represented the state government in the Kerala High Court in the Hadiya case, has alleged he was threatened and abused on social media sites.
Government pleader in Hadiya case alleges he received threats Lawyer Narayanan has lodged a complaint with the police, which today said it had launched a probe to identify the people behind the alleged threats and abusive messages. Can Maratha job aspirants apply under EWS quota? High Court asks Maharashtra A division bench of Justices S V Gangapurwala and S D Kulkarni asked the government to file an affidavit while hearing petitions of three job aspirants, who had applied for the posts of tehsildars revenue officer under the Socially and Economically Backward Class SEBC category for Maratha community reservation.
All News Videos Photos. Is a complete lockdown on the cards in Chennai? Madras High Court asks the state government as cases surge The judges expressed concern over the "alarming" rise in cases despite the steps being taken by the Tamil Nadu government to contain the spread of the infection. Why can't Chennai alone be under lockdown, High Court asks Tamil Nadu government Despite the steps taken by the Tamil Nadu government to contain COVID spread, everyday the number of cases is "steeply rising and the situation has become alarming" particularly in the metropolis and its outskirts, a bench of justices Vineet Kothari and R Suresh Kumar said.
Ensure essentials reach tribals amid lockdown: HC to Maharashtra government The petitioner sought a direction to the government and civic authorities to provide essentials to tribals in Thane, Palghar, Raigad, Nashik, Dhule, Nandurbar, Jalgaon, Chandrapur, Gadchiroli, Bhandara, Gondia, Nagpur, Yavatmal and Amravati districts. Funding Parishad part of plan to topple government: Pune police The Pune police are continuing their investigation against five other activists arrested on August 28 for their alleged links with the banned CPI Maoist outfit.
Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.
Reference Government Bond Dealer means each of five banks selected by the Issuer, or their affiliates, which are A primary government securities dealers, and their respective successors, or B market makers in pricing corporate bond issues;. Provincial Government means the Government of a Province of Pakistan;. Government means the Government of India. Level of Government specifies the level of government Central or Regional maintaining the measure for which a reservation is taken;. State Government means the Government of Maharashtra.
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