Make Ad-Hoc Appointments To Posts Of Public Prosecutors Pending Regular Recruitment: High Court To Delhi Govt

The Delhi High Court has directed the Delhi Government to take steps to make ad-hoc appointments to the post of Additional Public Prosecutors or Assistant Public Prosecutors in the criminal courts, pending regular recruitment. A division bench comprising Chief Justice DK Upadhyaya and Justice Anish Dayal directed that steps for making the alternative arrangement of ad-hoc appointment, either by way of direct recruitment or even by ad-hoc promotion, shall be made by the Delhi Government within four weeks. “We hope and trust that the process relating to the Office Memorandum dated 05.01.2024 and amendment in the Recruitment Rules shall be completed within this period,” the Court said. It directed the Delhi Government to file a fresh affidavit indicating the roadmap for filling up the vacancies in the entire cadre of the prosecutors in the Directorate of Prosecution.“In the meantime, we also direct that in terms of the decision already taken by Government of NCT of Delhi, pending regular recruitments against the posts of Additional Public Prosecutor/Assistant Public Prosecutor, adequate steps shall be taken for ensuring that ad-hoc appointments are made on these posts so as to ensure that the criminal courts in Delhi function smoothly, and ensure that one Public Prosecutor for each Court is made available,” the Court said.The bench was hearing a suo moto case registered in 2009 after a letter petition was moved highlighting the issue of undertrials languishing in jail from 5 to 12 years without a trial.The Court perused an affidavit filed by the Delhi Government which said that 210 sanctioned posts of Additional Public Prosecutor and 265 sanctioned posts of Assistant Public Prosecutor have been created after cadre restructuring in the Directorate of Prosecution.The response further said that pending regular recruitment or appointment, the Delhi Government was working on other options such as engaging contractual appointment of Assistant Public Prosecutor and ad-hoc promotion of Additional Public Prosecutor. However, the bench observed that the affidavit was silent about steps which are taken or can be taken by the Delhi Government for filling up the posts or vacancies in respect of which no amendment in the Recruitment Rules is required.“In the aforesaid view of the matter, we direct that a fresh affidavit shall be filed by Government of NCT of Delhi giving therein the clear roadmap for filling up the vacancies in the entire cadre of the prosecutors in the Directorate of Prosecution,” the Court said. The matter will now be heard on September 12. In December, 2023, the Court had constituted a monitoring committee to periodically review the recruitment of public prosecutors for trial courts in the national capital.It had also directed the Delhi Government to finalize its proposal regarding the establishment of a specialised training academy for public prosecutors.In September, 2023, the bench had directed the Delhi Government to conduct training of the newly recruited public prosecutors in coordination with Delhi Judicial Academy.It had also directed the Delhi Government to file a status report regarding the conduct of training programmes and also the latest position of vacancies in respect of public prosecutors.Title: COURT ON ITS OWN MOTION v. STATECitation: 2025 LiveLaw (Del) 802Click here to read order

Make Ad-Hoc Appointments To Posts Of Public Prosecutors Pending Regular Recruitment: High Court To Delhi Govt

Nupur Thapliyal

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