Memorandum sent on 23.11.2009 to Lt. Governor, Chief Minister, Law Minister, Chief Secretary, Law Secretary:
Request to appoint immediately a Government Pleader cum Public Prosecutor for Puducherry at High Court of Madras – Removal of Mr. T. Murugesan, presently holding the post illegally without any valid appointment order or extension order, as Senior Government Pleader cum Senior Public Prosecutor for Puducherry at High Court of Madras – Submitted wholly in public interest – Uphold justice – Reg.
1) G.O. Ms. No. 37/96 – LD, dated 30.12.1996, Law Department, Puducherry.
2) G.O. Ms. No. 2/2000 – LD, dated 14.01.2000, Law Department, Puducherry.
3) G.O. Ms. No. 14/2006 – LD, dated 22.05.2006, Law Department, Puducherry.
4) Enquiry Report of Additional District Magistrate, Puducherry, dated 25.01.1993.
Federation for People’s Rights (FPR) humbly submits this memorandum in public interest and invites the kind attention of your good self to initiate appropriate action in this regard.
The official post of Government Pleader cum Public Prosecutor for Puducherry at High Court of Madras is vacant for more than three years. We came to know that Mr. T. Murugesan, Senior Advocate, was illegally occupying the said post without any Government Order from 2006 to till date.
We summarize the facts briefly about the appointment of the said post. Advocate Mr. T. Murugesan, was appointed as Government Pleader cum Public Prosecutor for Puducherry at High Court of Madras for three years from 30.12.1996 vide reference (1) cited above. Subsequently, his tenure was extended for further three years from 14.01.2000 vide reference (2) cited above. It is shocking to know that he has continued to hold the said post without any Government Order up to 21.05.2006. The Law Department issued a G.O. on 22.05.2006 vide reference (3) giving him expost-facto approval for continuing as Senior Government Pleader cum Senior Public Prosecutor for Puducherry at High Court of Madras from 06.01.2003 till 31.07.2006. Thereafter, he holds the post illegally without any valid government order either by issue of fresh appointment order or by extending his service for a further period. This determinedly conveys that nobody was appointed for the said post from the end of May 2006 to till day.
But it is alarming and mysterious that Mr. T. Murugesan was still acting as Senior Government Pleader cum Senior Public Prosecutor in High Court of Madras without any Government Order and appearing in the cases representing the Government of Puducherry. This is totally illegal and gross violation of our Constitution. Further, he also occupies the office at High Court campus at Chennai displaying his name as Senior Government Pleader cum Senior Public Prosecutor contrary to the prevailing Laws and Rules.
We would like to point out one more legal question on the appointment of Mr. T. Murugesan as Senior Government Pleader cum Senior Public Prosecutor. It is undisputed truth that Mr. T. Murugesan was designated as Senior Advocate by the High Court of Madras as per the Section 16 (2) of Advocate Act 1961.
As per the Section 16 (3) of the Advocate Act and Clauses in Chapter I of Bar Council of India Rules very clearly restrict the Senior Advocates to be designated directly as Government Pleader or Public Prosecutor. In fact the advocate who has been so designated can seek the services of the Senior Counsel, as and when permitted by the government, depending upon the need and circumstances of each case.
We would emphasize here the Bar Council of India Rules, Chapter I,
Clause (a) : A senior advocate shall not file a vakalatnama or act in any court or tribunal, or before any person or other authority mentioned in section 30 of the Act.
Clause (d) : He shall not accept directly from a client any brief or instructions to appear in any court or tribunal or before any person or other authority of India.
In the light of the above mentioned provisions of law, which is well defined, Mr. T. Murugesan, who has been designated as Senior Advocate, should not hold any official post in any Government or its agency overtly or covertly. Hence, his earlier appointment as Senior Government Pleader cum Senior Public Prosecutor and appearing on behalf of the Government side by obtaining brief or instructions directly from the client is totally illegal and gross violation of the dictum enshrined in the Constitution of India.
We also bring to the knowledge of your good self that the Enquiry Report submitted by then Additional District Magistrate Mr. G. George on 25.01.1993, regarding a land dispute at Govinda Salai, Puducherry, who had observed in para 3:
‘Again, the counsel Thiru. T. Murugesan, being the Municipal Pleader must also desisted from rendering his opinion pertaining to a verdict in which he had been a counsel for one of the parties. Such an action of the counsel amounts to professional misconduct. This authority therefore suggests the Government to take note of this willful misconduct of the counsel and also suggests that it would not be in public interest to offer any assignment to the counsel to represent the Government or any local body in any matter in future.’
We request your good self to take steps to appoint immediately a Government Pleader cum Public Prosecutor for Puducherry at High Court of Madras. We humbly request here that an opportunity to the said post may be granted to an advocate belonging to Puducherry will be highly appreciated. Also kindly take necessary action to remove Mr. T. Murugesan from the said post, who occupies the post of Senior Government Pleader cum Senior Public Prosecutor by violating all canons of Law.