Rajasthan High Court – Jaipur
Suo-Moto vs The Chief Secretay … on 2 April, 2025
Bench: Manindra Mohan Shrivastava, Anand Sharma
[2025:RJ-JP:14869-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 423/2025
Suo-Moto
----Petitioner
Versus
1. The Chief Secretay, Government Of Rajasthan, Govt. Sec-
retariat, Jaipur.
2. The Registrar General, Rajasthan High Court, Jodhpur.
3. The Principal Secretary, Law And Legal Affairs Depart-
ment, Government Of Rajasthan.
4. Shri Brahmanand Sandu, Advocate (Chamber No. 205, A-
Block), Rajasthan High Court, Jaipur.
----Respondents
For Petitioner(s) : By Court Order
For Respondent(s) : Mr. A.K. Sharma, Sr. Adv. assisted by
Mr. Vishnu Kant Sharma &
Mr. Madhav Dadhich
Mr. B.S. Chhaba, AAG with
Mr. Avinash Chaudhary,
Mr. Hardik Singh &
Ms. Yuvika Pilania, AGC
Mr. Brajendra Kumar Jain, Principal
Secretary, Department of Law & Legal
Affairs
HON’BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON’BLE MR. JUSTICE ANAND SHARMA
Order
02/04/2025
1. Heard.
2. This suo moto case, directed to be registered as criminal writ
petition, came to be registered in the background that two
members of the Bar Mr. A.K. Gupta, learned Senior Advocate and
Mr. Pankaj Gupta, learned Advocate placed before the Court a
photocopy of letter dated 16.04.2024 written by the Registrar
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[2025:RJ-JP:14869-DB] (2 of 4) [CRLW-423/2025]
General, Rajasthan High Court, Jodhpur to the Principal Secretary,
Law & Legal Affairs Department, Government of Rajasthan, Jaipur
as regards the consent of High Court for appointment of Shri
Brahmanand Sandu as Government Advocate-cum-Additional
Advocate General and Additional Public Prosecutor in Rajasthan
High Court, Bench Jaipur under the provisions of Section 24(1) of
Cr.P.C.
3. It appears that the learned Single Judge, who took suo moto
cognizance, was persuaded to form a prima facie opinion that
non-issuance of appointment order after consultation is a
derogatory act or contemptuous act on the part of the authorities
of the State. The learned Single Judge was also persuaded to form
a prima facie view whether the Government without any good
reason can withhold the consent given by the High Court as
regards appointment of Government Advocate-cum-Additional
Advocate General.
On above prima facie satisfaction, the case was directed to
be treated as criminal writ petition and notices were directed to
issued to various authorities, as mentioned in Para 10 of the
suo moto cognizance. Moreover, learned Single Judge directed
Principal Secretary, Law & Legal Affairs Department, Government
of Rajasthan, Jaipur to remain personally present before the Court
along with original record/file as regards the process regarding
appointment of Shri Brahmanand Sandu as Government Advocate-
cum-Additional Advocate General.
4. The learned counsel who appeared before the learned Single
Judge are not present today. It is not known as to on whose in-
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struction, they appeared in the Court to place copy of letter dated
16.04.2024.
5. Mr. B.S. Chhaba, learned Additional Advocate General
appearing for the State would submit that firstly the issue raised
could not be subject matter of a criminal writ petition, nor can be
said to be a contemptuous act. He would submit that a
consultative process was drawn under Section 24 of the Cr.P.C. on
the proposal sent by the State Government and after having
consultation with the High Court, the matter is pending with the
Government. He would further submit that suo moto petition may
be closed.
6. Mr. A.K. Sharma, learned Senior Advocate appearing for the
High Court would submit that the consultative process was
adopted in view of the provisions contained in Section 24 of the
Cr.P.C. (as it then existed and was in force). Consent sent vide
letter dated 16.04.2024 is pending consideration before the State
Government. It is for the Government to take a decision in the
matter.
7. Mr. Brahmanand Sandu, who was also noticed would submit
that though he came to know that a proposal for his appointment
as Government Advocate-cum-Additional Advocate General was
sent for consultation with the High Court and the High Court made
a recommendation as has been stated in letter dated 16.04.2024,
he does not know why till date he has not been appointed as
Government Advocate-cum-Additional Advocate General.
8. Mr. Brajendra Kumar Jain, Principal Secretary, Department of
Law & Legal Affairs, Government of Rajasthan, Jaipur is also
present in the Court.
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[2025:RJ-JP:14869-DB] (4 of 4) [CRLW-423/2025]
9. We find that on the basis of a letter dated 16.04.2024 of the
Registrar General of the Rajasthan High Court, a suo moto
criminal writ petition has been registered. The matter essentially
pertains to issue relating to appointment of Mr. Brahmanand
Sandu as Government Advocate-cum-Additional Advocate General.
10. Merely because the matter relates to appointment of a
Government Advocate after consultation with the High Court, as
required under Section 24 of the Cr.P.C. (as it then existed), it
cannot be treated as a criminal matter. This is essentially a service
issue.
11. It is well settled that no PIL can be entertained in service
matters.
12. We are also of the view that non-issuance of any
appointment order after consultation with the High Court, as
provided under Section 24 of the Cr.P.C., does not amount to
contempt.
13. If the concerned person in whose case consultative process
has been adopted and even thereafter, he has not been appointed,
it is only an individual grievance. Such person, if so advised, may
approach the Court by filing appropriate petition.
14. For the reasons stated herein above, we are not inclined to
proceed further in the matter. The suo moto petition is closed. This
order shall not come in the way of Mr. Brahmanand Sandu in
taking any remedy which may be available to him under the law.
(ANAND SHARMA),J (MANINDRA MOHAN SHRIVASTAVA),CJ
Sanjay Kumawat/Daksh-67
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