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Supreme Court stays interim order of suspending appointments of new law officers

Upholding the termination of exiting law officers as "arbitrary and illegal", the Bombay High Court — in an order passed in December 2015 — had suspended implementation of new appointments.

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After facing embarrassment at the hands of Bombay High Court for "politicising" appointments of new law officers and termination of existing ones before their tenure, the state government has finally got some relief from the Supreme Court that has stayed the interim order of suspending implementation of fresh appointments.

Upholding the termination of exiting law officers as "arbitrary and illegal", the Bombay High Court — in an order passed in December 2015 — had suspended implementation of new appointments. The apex court in an interim order dated January 29, however, has allowed the government to move forward with its process until further orders. The matter is now listed for February 23.

The BJP-led government within five months of coming into power, issued a notice inviting applications from lawyers for making appointments to the posts of additional government pleader/assistant government pleader, additional public prosecutor/assistant public prosecutor, among others, with a clause that announced termination of existing law officers enmass, once the selection process of new ones is completed.

"The power of the state government to appoint law officers of their choice cannot be disputed, but discontinuation of engagement of law officers in such manner as in the current case, cannot be supported and shall have to be branded as arbitrary and illegal," read the order passed by the Aurangabad bench of Bombay High Court on December 17.

The court further added that the appointment in such a post must not be a political one. "The manual states that a political activity by the district government counsel shall be a disqualification to hold the post."

The order also expressed anguish over the fact that in certain cases recommendations are made by the district magistrate having regard to the political affinity of the lawyers to the party in power.

"Those who do not have such political affinity although competent are not appointed. Legal Remembrancers Manual clearly forbids appointment of such a lawyer and/or if appointed, removal from his office. The District Judge and the District Magistrate, therefore, are duty bound to see that before any recommendation is not made, or any political affinity." the order added.

According to petitioners (a bunch of public prosecutors), the new government with an intention to install Law officers of their choice decided to remove present law officers 'enmass' working in the high court as well as in the subordinate courts. The state government, however, claims that the orders were passed only against those who despite being on government panel filed litigation against the government which amounts to "breach of trust."

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