STATE OF U.P. vs JOHRI MAL — C.A. No. 963 - 964/2000

Case under Section III-A. Status: Disposed.

Disposed

CNR: SCIN010025621999

Filing Date

12-Feb-1999

Registration No

C.A. No. 963 - 964/2000

Diary Number

2562/1999

Order Date

21-Apr-2004

Document Type

Judgment - of Main Case

Disposal Type

Dismissed

Last updated 31-May-2026

Acts & Sections

Section III-A

Petitioner(s)

  1. 1.STATE OF U.P.

    Adv. ASHOK K. SRIVASTAVA (Dead / Retired / Elevated)

Respondent(s)

  1. 1.JOHRI MAL

Case History

  1. Case disposedDisposed

  2. 21-Apr-2004

    Judgment - of Main CaseView PDF

  3. 21-Apr-2004

    ROP - of Main CaseView PDF

  4. 09-Sep-2003

    ROP - of Main CaseView PDF

  5. 12-Feb-1999

    Case filed

    Registration No. C.A. No. 963 - 964/2000

casestatus.in Summary

Case Summary: STATE OF U.P. v. JOHRI MAL (C.A. 963-964/2000) Decision: The Supreme Court set aside the Allahabad High Court's judgment directing renewal of Johri Mal's term as District Government Counsel (Criminal). The Court held that while the High Court erred in mandating a collegium for appointments, the State's decision not to renew his tenure based on administrative deficiencies and lack of control over subordinate counsel was justified and not arbitrary. Key Reasoning: Public Prosecutors and District Government Counsel hold professional positions—not civil service posts—making them subject to limited judicial review. Though appointments involve public functions, they remain discretionary unless the State breaches statutory procedure or acts arbitrarily. The Court emphasized that consultation with the District Judge is important but not binding like a collegium system, and the State may decline renewal when performance is unsatisfactory. This case analysis is maintained by casestatus.in based on publicly available court records.

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