Telangana High Court Suspends Order Terminating Services Of Additional Public Prosecutor, Directs State To File Reply

The Telangana High Court has suspended a Government Order terminating the services of an Additional Public Prosecutor appointed to represent the State before the Sessions Judge, Bodhan till the State files a response in the matter.

The Bench comprising Justice C.V. Bhaskar Reddy has noted that the termination order was passed without issuance of any notice or conducting an enquiry, thereby violating the principles of Natural Justice.

"A perusal of the impugned order would show that no notice was issued to the petitioner for any explanation nor conducted any enquiry before passing Impugned order, which amounts to gross violation of principles of natural justice. Therefore, pending filing of the counter-affidavit, there shall be interim suspension, as prayed for," the Court ordered.

The petitioner had contended that he was appointed to the post in October of 2023 by way of a Government Order, but subsequently on the 4th of January his services were terminated by the Principal Secretary to the State, Home Department alleging that he had violated the Model Code of Conduct that was enforced during the State Legislative Elections.

The petitioner pleaded that his termination order was issued without conducting and enquiry or notifying him and prayed to declare the same as arbitrary, illegal, gross violation of principles of natural justice and also violation of Article 14 of Constitution of India apart from contrary to Clause 9 of Telangana Law Officers (Appointment and Conditions of Service) Instructions, 2000.

After hearing the petitioner the Court ordered for notice before admission and directed the State, Director of Prosecutions and Collector and District Magistrate, Nizamabad to file a counter in the matter by 20th February, up until which the order of termination has been suspended.

Case no.: W.P. 1612 of 2024

Counsel for petitioner: G. Shayam Rao

Counsel for State: GP for Home