IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.Nos:-APHC010769512018 10 to 12
AT AMARAVATI
[3483]
WP(PIL) NO: 308 of 2018 along with W.P.No.5026 of 2020 & W.P(PIL).No.119 of 2024
Suo Moto ...Petitioner Vs.
Union of India and others ...Respondents
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Advocate for petitioners : Sri M. Ravindranath Reddy, Sri Thandava Yogesh
Advocate for respondents : Learned Advocate General
CORAM : T HE CHIEF JUSTICE DHIRAJ SINGH THAKUR
SRI JUSTICE RAVI CHEEMALAPATI
DATE : 18th December 2024
P C :
The issue that has been highlighted in the present Public Interest Litigations is with regard to the insufficient number of Assistant Public Prosecutors, Senior Assistant Public Prosecutors, Additional Public Prosecutors Grade-II and Additional Public Prosecutors Grade-I in various Magistrate Courts, which number 323. It is stated that insufficiency of the Public Prosecutors greatly hampers the conduct of criminal cases in the said Courts.
It appears that the Andhra Pradesh State Prosecution Service Rules, 1992 (for short, "the Rules") were framed which were notified in G.O.Ms.No.188, Home (Courts.C) Department, dated 30.03.1992, which envisages as many as 7 categories of officers at various levels, and the same are as follows:-
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| Sl.No. | Category | Category | Method of Appointment |
| 1 | 2 | 3 | 4 |
| 01 | Assistant Public Prosecutor | Category 7 | By direct recruitment. |
| 02 | Senior Assistant Public Prosecutor | Category 6 | By promotion from the category-7 Assistant Public Prosecutor with a service of not less than 2 years |
| 03 | Additional Public Prosecutor Grade - II | Category 5 | (i)70% by promotion from the category - 6 - Senior Assistant Public Prosecutor with a service of not less than 2 years (ii) 30% by direct recruitment |
| 04 | Additional Public Prosecutor Grade - I/Deputy Director of prosecutions | Category 4 | By promotion from the category of Additional Public Prosecutor. Gr.II, Category-5 with a service of not less than 3 years or by transfer or on deputation from State Judicial Service of the Cadre of Munsif Magistrate |
| 05 | Public Prosecutor/Joint Director of Prosecutions | Category 3 | By promotion from the category of Additional Public prosecutor grade- 1/Deputy Director of Prosecution – Category - 4 with a service of not less than 2 years or by transfer or on deputation from the State Judicial Service of the cadre of Sub - Judges. |
| 06 | Additional Director of Prosecutions | Category 2 | By promotion from the category of Public Prosecutor/Joint Director of Prosecutions, Category-3 with a service of not less than 2 years or by transfer or on deputation from Andhra Pradesh State Higher Judicial Service. |
| 07 | Director of Prosecutions | Category 1 | (a) By promotion from the category of Additional Director of Prosecutions - Category 2 with a service of not less than 2 years. (b) If no suitable candidate is available for promotion in the category of Additional Director by transfer or on deputation from the State Higher Judicial Service. (c) By transfer or on deputation from the I.P.S. Cadre of the Andhra Pradesh an Officer of and above the rank of Deputy Inspector General of Police possessing a Law Degree. |
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Direct recruitment is envisaged against the post of Assistant Public Prosecutor. Appointment to the Category 6 post of Senior Assistant Public
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Prosecutor, as envisaged by the Rules, is purely by promotion from category 7 i.e., Assistant Public Prosecutor. In regard to Category 5 i.e, Additional Public Prosecutor Grade-II, the Rules envisage appointment by promotion as also by direct recruitment. Insofar as Category 4 posts are concerned, which is pertaining to Additional Public Prosecutor Grade-I/Deputy Director of Prosecutions, the same is to be filled up purely by promotion from Additional Public Prosecutor Grade-II. Category 3, Category 2 and Category 1 posts are also to be filled up by promotion.
According to Sri Thandava Yogesh, party-in-person in W.P(PIL).No.119 of 2024, there are as many as 204 posts in the cadre of Assistant Public Prosecutors out of which 37 posts are vacant. In the cadre of Senior Assistant Public Prosecutors, while the cadre strength is 26, we are not sure as to how many posts are vacant. Insofar as Additional Public Prosecutors Grade-II are concerned, the cadre strength is 37 whereas the vacancy was stated to be 12. In the cadre of Additional Public Prosecutors Grade - I, while the strength is 26, there are 8 vacancies. In the cadre of Public Prosecutors, while the strength is 6, the vacancies are stated to be nil.
There are two aspects of the issues that are sought to be projected in the P.I.Ls. One is that the existing vacancies against the various posts governed by the Rules are unfilled, which have not been filled up by the Government, and second is that the cadre strength also needs to be increased with a view to take care of the urgent requirement in the various Magistrate Courts for the State of Andhra Pradesh.
We see no reason as to why the various posts in different cadres of Assistant Public Prosecutors, Senior Assistant Public Prosecutors and Additional Public Prosecutors Grade - II and Grade - I are left vacant and are not being filled up by promotion. If the posts are filled up by promotion at lower cadres or by direct recruitment partially against the category 5 posts, there will be a number of vacancies further created in Category 7 for the posts of Assistant Public Prosecutors, which can then be filled up by direct
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recruitment which would, to some extent, reduce the problem which is being faced by various Courts on account of non-availability of such officers. Even when we were inclined to issue directions to the respondents to fill up the vacancies which are lying vacant and which might fall vacant upon promotions from lower cadres to higher cadres, learned Advocate General informed us that in view of the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which envisage that officers at the level of Assistant Sessions Judges would not be dealing with certain types of criminal cases, the issue has been referred to a Committee for consideration, which was constituted as early as on 09.08.2024 through G.O.Ms.No.95, Home (Courts.A) Department.
We feel that already a lot of time has expired since the Committee has been constituted. The Committee was expected to take a decision at the earliest. In any case, if the decision has not already been taken, let a decision be taken not later than two(2) weeks from today with a view to bring some clarity on the issue. Depending upon the decision, further directions will be issued for filling up the vacancies. In the meantime, the Government should also consider in increasing the cadre strength of the posts in various categories with a view to address the problem being faced on account of lack of Assistant Public Prosecutors, Senior Assistant Public Prosecutors etc. List on 08.01.2025.
DHIRAJ SINGH THAKUR, CJ
RAVI CHEEMALAPATI, J
AMD
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