Himachal Pradesh High Court directs State's Public Prosecutors to take refresher course on ethics, morality

The Himachal Pradesh High Court on Wednesday directed all the Public Prosecutors inducted in service over the last 15 years in the State to undergo a refresher course in the Himachal Pradesh Judicial Academy, Shimla.

The bench of Justice Tarlok Singh Chauhan and Justice Chander Bhusan Barowalia directed the Director, Himachal Pradesh Judicial Academy to design a course laying special emphasis on ethics, morality and conduct expected of a Public Prosecutor, within four weeks and arrange the training of the Prosecutors on batch-wise basis over a period of two months.

Court passed the direction in a case where it came to light that the petitioner and the private respondent, both Public Prosecutors, had at different times procured Demi-Officials (D.O.s) Notes from the local M.L.As for securing their transfers.

"How some of the Public Prosecutors have over a period of time shamelessly started hobnobbing with some of the politicians to procure and secure orders of transfer of their convenience is best illustrated in the instant case," Court observed. 

The petitioner had challenged his transfer claiming that the Local MLA had issued a DO for his transfer on the behest of the private respondent, who is working as ADA at the DC Office, Kangara. 

However, the private respondent, in her reply, had alleged that the petitioner had also managed his transfer at his choice of station with the help of another MLA, against whom the petitioner was handling a prosecution case. 

Taking note of the foul play going on in the transfer processes, Court directed both the petitioner and the private respondent to be posted out of district Kangra as both were beneficiaries of the D.O. Notes.

Moreover, Court ordered that "since, the working of the Public Prosecutor is intrinsically connected with the Court and is not a part of the investigating agency and is rather an independent statutory authority, no Public Prosecutor, Assistant District Attorney and District Attorney shall be transferred on the basis of the D.O. Notes".

"Their transfers shall be effected strictly in accordance with the Comprehensive Guidelines, 2013, for regulating the transfers of the employees, that too, only by the Administrative authority," Court added. 

With the aforesaid directions, Court disposed of the instant petition leaving the parties to bear their own costs.

"...the conduct of every Prosecutor should be above reproach. He should be conscientious, studious, thorough, courteous, patient, punctual, just, impartial, sans political or partisan influences. He should deal with his appointment as a public trust and should not allow other affairs or private interests to be interfered with his official duties, nor, he should administer the office for the purpose of advancing his personal ambitions or increasing his popularity," Court observed. 

Case Title: Tarsem Kumar v. State of Himachal Pradesh