Professional ethicsGovernment pleaderSupreme Court of India

State of U.P. v Johri Mal

(2004) 4 SCC 714; AIR 2004 SC 380020041 min read
The case in brief30-second read
Facts
Appeals by the State of U.P. concerned the renewal of the terms of District Government Counsel and Public Prosecutors under S.24 of the CrPC 1973 and the Legal Remembrancer's Manual.
Issue
What is the status of a Public Prosecutor or District Government Counsel, and how far can courts review a refusal to renew the engagement?
Held
The Legal Remembrancer's Manual treats the appointment as professional in nature; "the holder of an office of the public prosecutor does not hold a civil post".
Principle
A Public Prosecutor or District Government Counsel holds a professional engagement, not a civil post; non-renewal is reviewable on the Wednesbury test.
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Facts

  • Appeals by the State of U.P. concerned the renewal of the terms of District Government Counsel and Public Prosecutors under S.24 of the CrPC 1973 and the Legal Remembrancer's Manual.

Issue

  1. What is the status of a Public Prosecutor or District Government Counsel, and how far can courts review a refusal to renew the engagement?

Held

  • The Legal Remembrancer's Manual treats the appointment as professional in nature; "the holder of an office of the public prosecutor does not hold a civil post".
  • Assistant Public Prosecutors, by contrast, are employees of the State and hold civil posts.
  • Non-renewal can be challenged as arbitrary, but courts review it on the doctrine of Wednesbury unreasonableness.

Ratio decidendi

Government counsel are engaged professionally; they have no enforceable right to renewal, but the State must not act arbitrarily.

Exam use

How to use it in an answer

  • Part A (6 marks): Cite for the status of a Public Prosecutor or Government Pleader: office of professional engagement, not a civil post.
  • Part B (16 marks): Use in a note on Government Pleaders and law officers, together with Shrilekha Vidyarthi (public element, Art. 14).
  • Key line for exam: "The holder of an office of the public prosecutor does not hold a civil post."

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Citation

State of U.P. v Johri Mal (2004) 4 SCC 714; AIR 2004 SC 3800

Reported: https://indiankanoon.org/doc/321019/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.